Fifth Avenue Presbyterian Church v. City of New York

Amicus Brief to the 2nd Circuit Court of Appeals

This amicus brief was submitted to the US 2nd Circuit Court of Appeals in 2005.

The Fifth Avenue Presbyterian Church operates a program for homeless persons in New York City through which the Church invites homeless individuals to stay on its grounds at night. 

The amicus brief argues that the City of New York violated the rights of the Homeless Neighbors by forcibly removing them from the grounds of the Fifth Avenue Presbyterian Church. In December of 2001, the City police began raiding the property during the night to compel the Homeless Neighbors to leave the property.

NLCHP argues that these raids violated these individuals' fundamental right of association, right to free speech, and right to travel. Furthermore, the City's selective enforcement of these laws denied the Homeless Neighbors' right to equal protection under the law.

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