Milner Law Office, PLLC

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8302A Broadway, 3rd Floor Suite ♦ Elmhurst, NY 11373
Office: (718) 766-5242 ♦ Email: Julie.Milner.law@gmail.com * Admitted to NY, CT, SDNY, EDNY, 2nd and 10th Circuits

May 14, 2012 Hon. Richard J. Sullivan United States District Judge of the Southern District of New York Via Email: sullivannysdchambersnysd.uscouris.gov Re: Lederman, et. al. v. Parks, et al., Docket No. 10 CV 4800 (RJS) Dear Judge Sullivan, I represent the plaintiffs in this matter and am writing to you for permission to file a motion to supplement the summary judgment record. New evidence has suddenly emerged that creates genuine issues of fact, thus precluding the grant of summary judgment in favor of defendants as a matter of law. The defendants filed a summary judgment motion in this case on September 8, 2011 and plaintiffs filed our opposition on October 11th. Since your Honor has not yet ruled on this motion, it is imperative that the new evidence be presented for your consideration on this matter. First, the Parks Department has just issued a statement to the press that the Revised Rules at issue in this present case will no longer be enforced against buskers and entertainers. The crux of the City’s position regarding the equal treatment of artists is that the Rules also apply to performers. (Defendants Reply Memorandum, page 14). Moreover, the defendants assert that performers have “the same impact on parkland” as do the artists. (Dockett Reply Dec., l2). This raises an issue of material fact of whether artists are targetted for enforcement not equally applied to similarly situated individuals. Second, plaintiffs have just obtained a copy of a letter by the head of enforcement for the Parks Department, Michael Dockett, that was sent to the Environmental Control Board’s Adjudication Unit requesting dismissal of all related summonses against expressive matter vendors in the other parks besides Union Square. It should be noted that Parks failed to turn this letter over pursuant to our FOIL request, and plaintiffs obtained it through a third party. This letter raises an issue of material fact of whether the defendants have adopted a new policy of just enforcing the rule in Union Square Park, thus questioning the necessity of the rules’ continued existence and the defendants’ stated reasons for the overall rule change in the first place. Third, even though the ECB dismissed all but two of plaintiff Lederman’s tickets from the High Line pursuant to the Dockett letter, Parks has filed appeals in those and for no other expressive matter vendors’ tickets dismissed. Further, Parks has requested a full hearing on the 1

Milner Law Office, PLLC*
8302A Broadway, 3rd Floor Suite ♦ Elmhurst, NY 11373
Office: (718) 766-5242 ♦ Email: Julie.Milner.law@gmail.com * Admitted to NY, CT, SDNY, EDNY, 2nd and 10th Circuits

two tickets of Lederman’s that were not dismissed even though the two tickets are identical to the others that were dismissed. This raises an issue of material fact of whether Lederman is singled out for targetting in retaliation for his First Amendment protected activities.

Inclussion of this new crucial evidence into the summary judgment record serves “the broader public interest in full and truthful disclosure of critical facts.” Taylor v. Illinois, 484 U.S. 400, 412 (1988). The significant probative value of the evidence is readily apparent. Parks’ announcement of its new policy to exempt buskers and entertainers from enforcement of the Revised Rules; the letter from Parks’ head enforcement officer to dismiss tickets outside Union Square Park; and the relentless singling out of Lederman for specific targetting all lead to the inescapable conclusion that the defendants’ summary judgment motion must be denied. Accordingly, pursuant to Fed. R. Civ. P. 16(b)(4), Local Rule 56.1, and the Court’s inherent powers, good cause exists to reopen the record on the pending summary judgment.

Respectfully submitted, /s/ Julie Milner (JM1227) MILNER LAW OFFICE, PLLC Julie.milner.law@gmail.com For the plaintiffs cc: Sheryl Neufield, via Email: sneufeld@law.nyc.gov

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