Centro de la Comunidad Hispana de Locust Valley v. Oyster Bay, No. 15-2914 (2d Cir. 2017)Annotate this Case
Oyster Bay's ordinance regulating the roadside solicitation of employment violates the First Amendment. The Second Circuit affirmed the district court's order granting injunctive relief to two entities that work to advance the interest of day laborers in the area. As a preliminary matter, the court held that plaintiffs had standing. On the merits, the court held that the ordinance restricted speech based on content and was subject to the First Amendment. Applying the Central Hudson test, the court held that the ordinance was a content-based restriction on commercial speech that was not narrowly drawn because it broadly impacted protected speech and only narrowly addressed the Town's stated interest. The ordinance did not require any connection between the prohibited speech—solicitation of employment—and the asserted interest—traffic and pedestrian safety. The court also held that arguments as to severability were waived where, as here, a party failed to raise the issue.