MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs American Patriot Express (“APEX”), David Vanscoy, Florence Sherman, and E.S. (collectively, “Plaintiffs”) have brought this action against defendants the City of Glens Falls (the “City” or “Glens Falls”), and, all in their official capacities, Glens Falls Mayor Daniel Hall, Glens Falls Police Chief Anthony Lydon, and Glens Falls City Clerk Robert Curtis (collectively, “Defendants”). Dkt. No. 1 (“Complaint”). Plaintiffs challenge the constitutionality of Glens Falls City Code §87 under the First, Second, and Fourteenth Amendments to the United States Constitution. Id.
11-12. Before the Court is Defendants’ motion for reconsideration of the Court’s July 22, 2020 Memorandum-Decision and Order granting in part Plaintiffs’ motion for a preliminary injunction. Dkt. Nos. 4 (“Motion for a Preliminary Injunction”), 33 (“July 22 Memorandum-Decision and Order”), 37 (“Motion for Reconsideration”). For the reasons that follow, the Court denies Defendants’ Motion for Reconsideration. II. BACKGROUND The facts of this case were detailed in the July 22 Memorandum-Decision and Order, familiarity with which is assumed. For convenience, the Court summarizes the facts relevant to the Motion for Reconsideration. Glens Falls City Code §87 regulates “demonstrations,” defined as “pre-planned gathering[s] of 25 or more persons…convene[d] for the purpose of a public exhibition including a procession, parade, protest, picket, march or rally,” §87-2(A), on “public” property, defined as “any place to which the public has unrestricted access,” excluding indoor spaces, §87-2(C). Any “person, corporation, partnership or other entity” that “hold[s] or cause[s] to be held” any “demonstration,” as defined above, anywhere on “public” property, as defined, must first acquire a permit. See §87-2(B). Section 87-4(A) provides that permit applications must be submitted to the City Clerk and “will be processed in order of receipt[,] and in all cases decisions whether to grant or deny the application will be delivered within 14 days of application, unless, upon written notice to the applicant, a further 14-day extension is necessary.” §87-4(A). Plaintiffs are a political organization with a conservative mission, and a collection of people who frequently engage in protests and counter-protests in Glens Falls in support of police, President Donald Trump, and United States Congresswoman Elise Stefanik, and against left-wing demonstrators. Compl.
