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Amandola v. Town of Babylon

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Argued: March 12, 2001

Appeal from an order of the United States District Court for the Eastern District of New York, (Joanna Seybert, Judge) denying plaintiffs-appellants’ motion for a preliminary injunction requiring defendants-appellees to reinstate their permit to use a municipal facility for religious worship services. Reaching the merits of plaintiffs-appellants’ related First Amendment claim, we reverse the district court’s order and remand for entry of a declaratory judgment in favor of plaintiffs-appellants.

Plaintiffs-Appellants Romans Chapter Ten Ministries, Inc. (the “Church”), a small evangelical Christian church, and the Church’s pastor, Pastor John Amandola (“Amandola”) commenced a civil rights action against defendants-appellees Town of Babylon (the “Town”) and James Namely, the Town’s Commissioner of General Services, pursuant to 42 U.S.C. � 1983, alleging, inter alia, that the Town’s revocation of their permit to use a Town facility for religious worship services constituted a violation of their right to freedom of speech under the First and Fourteenth Amendments to the United States Constitution.

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