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Indian Lookout Country Club Inc. v. Frame

Politically Based Retaliation Claims Rejected in Suit Over Denial of Permit for Festival

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Indian Lookout Country Club, Inc.; Harley Rendezvous Classic, Inc.; and Francis H. Potter, Jr., individually and as President of Indian Lookout Country Club, Inc. and Harley Rendezvous Classic, Inc., Plaintiffsv.John J. Frame, individually; and the County of Schenectady, Defendants

MEMORANDUM-DECISION AND ORDERI. INTRODUCTION Plaintiffs Francis H. Potter, Jr., Indian Lookout Country Club, Inc., and Harley Rendezvous Classic, Inc., bring this action alleging claims under 42 U.S.C. §1983 and seeking permanent injunctive relief against Defendants John J. Frame, Director of the Schenectady County Public Health Services Environmental Health Unit, and the County of Schenectady. (Dkt. No. 48). Plaintiffs allege that Defendants retaliated against Plaintiff Potter for exercise of his First Amendment right to free speech and deprived him of his Fourteenth Amendment right to equal protection when they denied the 2015 application of non-party Lunar Pursuit, LLC (“Lunar Pursuit”) for a mass-gathering permit to hold a music festival, known as “Camp Bisco,” on Plaintiffs’ property in Duanesburg, New York. (Id.

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