Judge Rules Art Dealers Lack Standing to Challenge NY Ivory Ban
U.S. District Judge Lorna Schofield agreed with attorneys from the New York Attorney General's Office that the plaintiffs failed to show standing to sue over the 2014 law.
February 01, 2019 at 05:56 PM
3 minute read
The original version of this story was published on New York Law Journal
An attempt to invalidate a New York State law that all but bans the sale of ivory in the state hit a major hurdle Friday, after U.S. District Judge Lorna Schofield of the Southern District of New York dismissed the plaintiffs' suit for lack of standing.
The Art and Antique Dealers League of America and The National Antique and Art Dealers Association of America brought the lawsuit last year over the state law, passed in 2014, that made it a felony to buy, sell or trade ivory.
While the statute provided a narrow exemption for antiques, the groups argued the law was unconstitutional. They argued that the state law was pre-empted by federal law, and that the state restrictions represent a violation of commercial free speech under the First Amendment. The suit sought a declaratory judgment to void the law, and a permanent injunction to prevent its enforcement.
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