University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Young Advocates For Fair Education v. Cuomo FA-NY-0008
Docket / Court 1:18-cv-04167-ILG-JO ( E.D.N.Y. )
State/Territory New York
Case Type(s) Education
Speech and Religious Freedom
Case Summary
On July 23, 2018, the Young Advocates for Fair Education (YAFFED) filed this lawsuit in the Southern District of New York. The plaintiff advocacy group sued the New York governor, the Chancellor of the Board of Regents of New York, and the Commissioner of the New York State Education Department ... read more >
On July 23, 2018, the Young Advocates for Fair Education (YAFFED) filed this lawsuit in the Southern District of New York. The plaintiff advocacy group sued the New York governor, the Chancellor of the Board of Regents of New York, and the Commissioner of the New York State Education Department under 42 U.S.C. § 1983 for violations of the First Amendment. The plaintiff was represented by private counsel and sought declaratory relief, injunctive relief, and attorneys’ fees and costs. The lawsuit challenged the Felder Amendment, which relaxed certain educational curriculum requirements for ultra-Orthodox Jewish schools in New York. YAFFED claimed that the Felder Amendment violated the Establishment Clause of the First Amendment because it favored a particular religion over other religious private schools and non-religious private schools.

YAFFED filed a motion on August 24, 2018 asking the court for a preliminary injunction to stop the defendants from enforcing the Felder Amendment and to require New York to enforce the previous curriculum requirements for all private schools. A month and a half later, the defendants filed a motion to dismiss the complaint. They alleged that YAFFED lacked standing because it could not show that it was harmed by the Felder Amendment and that any harm that YAFFED alleged had yet to happen.

On January 16, 2019, District Judge Israel Leo Glasser granted the defendants’ motion to dismiss and denied YAFFED’s motion for a preliminary injunction. Judge Glasser found that YAFFED lacked standing for two reasons. First, YAFFED’s advocacy focus meant that their injury was “no different from that of a concerned citizen.” Second, YAFFED did not convincingly explain how its other injuries were caused by the Felder Amendment or how those other injuries could be redressed if the Amendment was declared void. Additionally, Judge Glasser concluded that YAFFED’s claims were not ripe for judicial review because YAFFED had not yet been harmed by the effects of the Felder Amendment. He determined that YAFFED was essentially seeking an advisory opinion, which is not allowed under federal standing doctrine. The case is now closed.

Nathan Santoscoy - 02/01/2019


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Establishment Clause
Defendant-type
Jurisdiction-wide
Discrimination-basis
Religion discrimination
General
Education
Religious programs / policies
School/University policies
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Non-government non-profit
Causes of Action 42 U.S.C. § 1983
Defendant(s) Chancellor of the Board of Regents of the State of New York
Commissioner of the New York State Education Department
Governor of New York
Plaintiff Description An advocacy group committed to improving educational curricula within Jewish ultra-Orthodox schools.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Filing Year 2018
Case Closing Year 2019
Case Ongoing No
Docket(s)
1:18−cv−04167 (E.D.N.Y.)
FA-NY-0008-9000.pdf | Detail
Date: 01/17/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
FA-NY-0008-0001.pdf | Detail
Date: 07/23/2018
Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order Granting Motion to Dismiss for Lack of Jurisdiction [ECF# 68] (2019 WL 235643) (E.D.N.Y.)
FA-NY-0008-0002.pdf | WESTLAW | Detail
Date: 01/16/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Glasser, Israel Leo (E.D.N.Y.) show/hide docs
FA-NY-0008-0002 | FA-NY-0008-9000
Orenstein, James (E.D.N.Y.) [Magistrate] show/hide docs
FA-NY-0008-9000
Plaintiff's Lawyers Bridges, Thomas Alexander (New York) show/hide docs
FA-NY-0008-0001 | FA-NY-0008-9000
Huang, Eric Hui-Chieh (New York) show/hide docs
FA-NY-0008-0001 | FA-NY-0008-9000
Kitchens, Samuel Coulter (New York) show/hide docs
FA-NY-0008-0001 | FA-NY-0008-9000
Sharma, Renita (New York) show/hide docs
FA-NY-0008-9000
Defendant's Lawyers Amer, Andrew Stuart (New York) show/hide docs
FA-NY-0008-9000
Connell, Monica Anne (New York) show/hide docs
FA-NY-0008-9000
Fu, Yan (New York) show/hide docs
FA-NY-0008-9000

- click to show/hide ALL -

new search
page permalink

- top of page -