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New York Civil Liberties Union v. Grandeau

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Argued: March 7, 2008

Before: SOTOMAYOR and RAGGI, Circuit Judges, GLEESON, District Judge.*fn1

Plaintiff-appellant the New York Civil Liberties Union (“NYCLU”) appeals from a September 28, 2006 judgment of the United States District Court for the Southern District of New York (Preska, J.), dismissing as moot its complaint against defendant-appellee David Grandeau, in his capacity as Executive Director of the New York Temporary State Commission on Lobbying (“Grandeau” and the “Commission”). See N.Y. Civil Liberties Union v. Grandeau, 453 F. Supp. 2d 800 (S.D.N.Y. 2006). This case arises out of the Commission’s inquiry into whether the NYCLU incurred reportable lobbying expenses in connection with a billboard promoting awareness of free speech issues in private shopping malls erected near the Crossgates Mall in Albany, New York. After receiving the Commission’s request for additional information on its billboard expenses, the NYCLU filed a complaint alleging that the Commission’s demand for reporting on expenses for non-lobbying advocacy activity violates the First Amendment. Although the Commission ultimately abandoned its demand for additional reporting by the NYCLU on the billboard, we cannot agree with the district court’s finding that this case moot because the NYCLU’s complaint challenged an alleged Commission policy beyond the specific billboard controversy. Nevertheless, we conclude as a prudential matter that the NYCLU’s policy challenge is not ripe for judicial review. We therefore AFFIRM the district court’s grant of summary judgment in favor of the defendant and dismissal of the complaint.

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