Fifth Avenue Presbyterian Church v. City of New York

293 F.3d 570 (2002)

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Fifth Avenue Presbyterian Church v. City of New York

United States Court of Appeals for the Second Circuit
293 F.3d 570 (2002)

  • Written by Tanya Munson, JD

Facts

The Fifth Avenue Presbyterian Church (the church) was a church in Manhattan where homeless persons slept outside. In 1990, the church officially designated two areas on its outdoor property for homeless persons to sleep. One area encompassed a landing at the top of the staircase leading to the church’s main entrance that was set back from and elevated above the sidewalk. The second area was a strip of land that extended to the sidewalk. The church only permitted homeless persons on the outdoor property from 8:00 p.m. to 7:00 a.m. and restricted activities such as loud music and begging. In 2001, the city of New York (the city) (defendant) notified the church that homeless persons were no longer permitted to sleep on the church’s outdoor property. On three occasions, city police removed homeless persons from the church property during the night. The church brought suit against the city under the Free Exercise Clause of the First Amendment, seeking injunctive relief preventing the city from entering onto the church’s property and dispersing the homeless. The city argued that allowing the homeless to sleep on church grounds did not constitute protected religious activity and that the church was violating applicable laws and regulations by operating a shelter without a license. The district court concluded that allowing homeless persons to sleep on the church’s private property constituted protected religious activity and granted in part the church’s request for a preliminary injunction. The district court agreed with the city that the city is permitted to regulate the presence of sleeping persons on the land adjacent to the sidewalk and denied the church’s application regarding that area. The city appealed.

Rule of Law

Issue

Holding and Reasoning (Straub, J.)

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