NYCLU challenges ban on mailing of annoying or alarming materials
By The Associated Press
08.23.02
NEW YORK — The New York Civil Liberties Union sued the city this week, saying police were unjustly making arrests to enforce an unconstitutional state law meant to stop people from mailing annoying or alarming materials.
The civil rights organization filed the federal lawsuit on Aug. 21 on behalf of a Manhattan man arrested April 6 at his home and jailed for nine hours for mailing religious and political materials to a former public official.
"A central purpose of the First Amendment is to protect our right to send controversial religious or political messages to public officials and members of the public, even if those messages are annoying or alarming," said NYCLU lawyer Christopher Dunn. "So long as the messages are not threatening, they are fully protected."
The lawsuit claims that the state law is unconstitutional and seeks to stop the police department from enforcing it.
It said the hazards of enforcing the law were demonstrated when the police on April 6 arrested 65-year-old Carlos Vives.
Gail Donoghue, a special assistant in the New York City Law Department, said the office strongly supported the Police Department's authority to enforce "this important and constitutional section of the Penal Law intended to prevent substantial privacy interests from being violated or threatened."
She said the letter, which contained articles on the Middle East conflict and biblical references to Judaism including a reference to death and killing, was sent to a candidate for public office of Jewish heritage during Passover season.
"The letter contained no clear account why it was sent, no explanatory message from the sender and no indication it was mass-mailed to other officials," she said. "Concerned, the candidate alerted the police. After the man was questioned, he was released with no further incident."
According to the lawsuit, Vives for years has been sending packets of religious and political materials to numerous public figures and members of the general public.
The materials include handwritten notes by Vives and copies of newspaper articles but no threatening language, the lawsuit said.
The lawsuit states that Vives continues to mail the materials but now fears arrest.
The lawsuit also cited the January 2001 arrest of a Staten Island man for mailing politically sensitive materials to then-Staten Island Borough President Guy Molinari.
The lawsuit seeks a declaration that the state law is unconstitutional and unspecified damages for Vives.