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Young v. James

Injunction Barring Enforcement of Executive Order Requiring Mask Is Denied

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OPINION & ORDER   Plaintiff Huguette Nicole Young, appearing pro se, brings this action under 42 U.S.C. §1983, alleging that New York Executive Order 202.17, which requires people to wear masks in public under certain circumstances, violates her right to free speech under the First Amendment. By order dated October 19, 2020, the Court granted Young’s request to proceed without prepayment of fees, that is, in forma pauperis. For the reasons set forth below, the Court denies Young’s request for a preliminary injunction. I. Background Plaintiff Huguette Nicole Young, a resident of Junction City, Oregon, brings this action, which she styles as a Verified Complaint for Declaratory and Emergency Injunctive Relief,” alleging that New York Governor Andrew Cuomo’s April 15, 2020 Executive Order No. 202.17 (the EO”), requiring that people wear face coverings when they are in a public place and are unable to maintain social distance, violates her rights under the First Amendment.1 See AC. Specifically, she alleges that the EO literally block[s] [her] ability to communicate audibly, clearly, and expressively (e.g., by violating [her] right to smile at others) while wearing a face mask.” Id. 2. Young has filed virtually identical complaints in at least 36 other federal courts.2 Young is a long-haul truck driver who is currently between jobs, and who is pursuing a career shift into the legal profession.”3 Id. 21. She resides in Oregon, but is currently seeking new work opportunities in New York” and is expected to be in New York within the coming week.” Id.

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