Case 6:22-cv-06486-JLS Document 56 Filed 12/29/22 Page 28 of 36
publicly carry arms for self-defense.” Id. It, too, is one of the policy choices taken “off the table” by the Second Amendment. Heller, 554 U.S. at 636.
For these reasons, New York’s houses of worship exclusion “violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.” Bruen, 142 S.Ct. at 2156. Plaintiffs are likely to succeed on the merits of their Second Amendment claim.
- C. Irreparable Harm Absent Preliminary Injunctive Relief
Plaintiffs argue they will suffer irreparable harm absent a preliminary injunction. Dkt. 13-3, at 25. They maintain that, “if an injunction is not granted, Pastor Spencer and his New York flock will continue to be put to the unconstitutional choice of which of their fundamental rights to forego to exercise the other.” Id. If they “choose to worship, they risk being victimized by violence with no means to protect themselves.” Id. Plaintiffs have established irreparable harm.
Irreparable harm is “certain and imminent harm for which a monetary award does not adequately compensate.” Wisdom Imp. Sales Co., L.L.C. v. Labatt Brewing Co., Ltd., 339 F.3d 101, 113 (2d Cir. 2003). Irreparable harm exists “where, but for the grant of equitable relief, there is a substantial chance that upon final resolution of the action the parties cannot be returned to the positions they previously occupied.” Brenntag Int’l Chem., Inc. v. Bank of India, 175 F.3d 245, 249 (2d Cir. 1999). The “denial of a constitutional right ordinarily warrants a finding of
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