The New York Civil Liberties Union has hauled Nassau County into federal court, filing a lawsuit on Tuesday that targets a new ordinance creating a 35-foot buffer around driveways and entrances to houses of worship. The suit argues the rule is an unconstitutional curb on protest and says two Long Island activists scrapped plans to hand out a Catholic bishops’ statement on immigration outside several churches because they feared being arrested under the law.
According to News10, the case was filed on behalf of Claudia Borecky and Mariateresa Thiery. The complaint says the ordinance bans demonstrating, rallying or protesting inside the 35-foot zone and also prohibits getting within 10 feet of anyone entering or leaving a facility when within 100 feet of an entrance. The NYCLU is asking a federal judge to declare the buffer zones unconstitutional and to issue a permanent order blocking Nassau from enforcing them.
County officials insist the measure is about safety, not silencing. Nassau County Executive Bruce Blakeman has framed the ordinance as a way of “protecting the rights of individuals to practice religion freely,” and later wrote on social media, “I suggest the NYCLU get better constitutional lawyers,” according to News10. Supporters argue the zones help prevent harassment of worshippers. Critics counter that the county has dressed up a speech crackdown as crowd control.
Legal Precedent And Free-Speech Questions
Civil-rights attorneys say the Nassau fight immediately calls to mind the Supreme Court’s 2014 ruling in McCullen v. Coakley. In that case, the justices struck down a 35-foot buffer around abortion clinics, holding that it restricted far more speech than necessary. The NYCLU argues that a similar fixed-distance barrier around houses of worship will chill a broad swath of protected political speech and cannot survive strict scrutiny.
Albany Backdrop And Street-Level Stakes
The clash in Nassau comes as state lawmakers are weighing S8599/A9335, and as Gov. Kathy Hochul has floated a 25-foot buffer to shield worshippers from harassment. Backers frame these proposals as public-safety tools. Opponents warn they could blunt protests over immigration, policing, abortion and LGBTQ rights, particularly outside religious institutions that often play a role in those debates.
What The Activists Say
The two plaintiffs say they pulled the plug on their church leafleting after concluding that the ordinance would turn their outreach into a crime and leave them open to arrest. The NYCLU warns that spreading such restrictions to religious sites, health-care clinics and schools would have a chilling effect on speech about government policy and public officials.
Penalties And What Comes Next
The ordinance makes violations a misdemeanor, with penalties of up to a year in jail and a fine of up to $250, according to the complaint. Along with asking that the zones be struck down, the NYCLU wants a permanent injunction keeping Nassau from enforcing the law while the larger constitutional battle plays out.
A federal judge will decide whether to temporarily block the ordinance as the case moves forward, and county leaders say they will stand by the measure in court. However the ruling lands, the outcome in Nassau is likely to shape whether other counties or the state double down on similar buffer rules or back off in the face of constitutional challenges.
