MEDIA ALERT – NOON
March 13, 2013
JUDGE SAYS “NOT MY DECISION TO MAKE”
INJUNCTION DENIED – CITIZEN PLAINTIFFS TO APPEAL
ALBANY, NEW YORK, MARCH 13, 2013 — Judge Thomas McNamara today denied the Motion for a Preliminary Injunction against the NY SAFE ACT. Oral arguments took place in the NY State Supreme Court this morning at 9.30am between Plaintiff Robert L. Schulz and James McGowan, from the Attorney General’s office.
“Of course we were disappointed with the Judge’s decision today, but it was not too surprising,” said Schulz. “The Judge said that he was constrained by an earlier decision by the NY Court of Appeals that held that the sufficiency of the facts of the Message of Necessity are beyond judicial review. “
“We recognized going into Court today that this was a high hurdle for Judge McNamara. Since the Court of Appeals is the only Court that can clarify or overrule one of its previous decisions, we will move to get the Court of Appeals to issue the injunction as quickly as the Constitution allows.”
“We appreciate that the Judge made his decision from the bench today rather than reserve decision, enabling us to advance the case quickly,” he concluded.