The Clementine Co. LLC v. De Blasio

DECISION AND ORDER DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION Plaintiffs are a group of small theaters and comedy clubs in New York City (the “City”) subject to the “Key to the City” vaccine mandate, which requires proof of vaccination for Plaintiffs’ patrons and staff. Plaintiffs have filed a complaint against Defendant Mayor Bill de Blasio (the “Mayor” or “Defendant”) alleging that this vaccine mandate violates their First and Fourteenth Amendment right to free speech and Fourteenth Amendment right to equal protection of the laws. (Dkt. No. 7). They now move this Court for a preliminary injunction to halt enforcement of the vaccine mandate against them (the “Motion”). (Dkt. No. 12). Defendant opposes the Plaintiffs’ Motion on the grounds that Plaintiffs lack standing, are unlikely to succeed on their constitutional claims, and do not satisfy the remaining requirements for issuance of a preliminary injunction (Dkt. No. 20). Because the Court agrees that Plaintiffs lack standing and are unlikely to succeed on their claims, the motion for a preliminary injunction is DENIED. BACKGROUND A. The COVID-19 Pandemic and the Attendant Executive Orders On March 12, 2020, Defendant Mayor de Blasio declared a state of emergency in the City in response to the outbreak and spread of the COVID-19 virus. (Amended Complaint, Dkt. No. 7 (“AC”), 20). On March 16, 2020, Defendant Mayor de Blasio issued Executive Order 100 closing theatres, comedy clubs, and other business in the City — in an attempt to slow the spread of the COVID-19 virus, “flatten the curve,” and prevent hospitals from becoming overwhelmed. (Id.

20, 24). Plaintiffs were closed until April 2, 2021. (Id. 30) On April 2, 2021, theaters and comedy clubs in New York were permitted to reopen at 33 percent capacity (Id.). Shortly thereafter, on May 19, 2021, Defendant Mayor de Blasio lifted the capacity restrictions on theatres and comedy clubs, allowing the Plaintiffs to reopen without capacity limits but with certain health and safety requirements, such as ensuring that patrons wear masks. (Id.