Judge Nicholas Garaufis
New York Trucking & Delivery Association’s (NYTDA) services include management of members’ parking tickets. Members pay NYTDA a percentage of money they save on ticket fines. Its purported class suit under 42 USC §1983 alleged constitutional violations arising from New York City’s Stipulated Fine Program. In addition to damages, and return of fines collected under the program, NYTDA sought a preliminary injunction barring city enforcement of a newly adopted enrollment policy for program admission. Despite finding that NYTDA’s allegations showed its injuries resulted directly from the city’s actionsthus providing NYTDA with standing to seek redress under §1983 for its own injuriesthe court denied NYTDA’s motion. NYTDA did not show a likelihood of success on the merits of its lawsuit. It neither explained nor cited authority as to how statistical evidence purportedly showing “compelling proof of intentional misconduct” by the city constituted a violation of its rights under the Fourth or Fourteenth amendments. Further, the merits of the city’s defense that program participants waived their rights to contest parking ticketsand thus waived ability to bring suithad yet to be determined.
