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New York Civil Rights Questions & Answers
1 Answer | Asked in Education Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: The censorship of books in libaries. Board of education V. Pico.

"The Supreme Court reaffirmed that the right to receive information is a fundamental right protected under the U.S. Constitution when it considered whether a local school board violated the Constitution by removing books from a school library. In that decision, the Supreme Court held that... View More

James L. Arrasmith
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answered on Oct 15, 2023

The right to receive information, as established in Board of Education v. Pico, is indeed a fundamental one. However, the interpretation and application of this right are complex.

While the Pico case set a precedent, it doesn't mean that all forms of censorship are automatically...
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2 Answers | Asked in Civil Rights and Constitutional Law for New York on
Q: Would taking a medication called Disulfiram disqualify you from having a pistol permit in NY?

No past or pending criminal convictions or charges.

James L. Arrasmith
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answered on Oct 15, 2023

In New York, the issuance of a pistol permit involves a consideration of whether the applicant has any disqualifying factors, such as certain criminal convictions or mental health commitments.

Simply taking a medication like Disulfiram, which is often used to support sobriety in people with...
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1 Answer | Asked in Civil Rights for New York on
Q: Am I a prohibited person.

Hi, I was wondering about something that happened to me in late 2022 I am a 27-year-old adult My mom called crisis services they came they asked a series of questions which I had answered such as what year it is who's the president, etc was I suicidal. But unfortunately they said that my... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

I have no idea what you mean by a "prohibited person." Basically, if a patient did not make the application to be admitted for observation or otherwise, it is an involuntary commitment or emergency commitment, and can be held up to a differing maximum in each kind of commitment. For... View More

1 Answer | Asked in Civil Rights and Internet Law for New York on
Q: I have been getting threatened online by the same person that keeps making fake accounts.

If possible, could I do anything about it? This person is my EX friend’s boyfriend, and he says he wants to kill me, he is going to stomp me into the ground, he says he put my address online, and he said he has people looking for me. And I’m going to get what’s coming to me soon.

Marco Caviglia
Marco Caviglia
answered on Sep 4, 2023

Such a threat to kill may be Aggravated Harassment under NYS law as electronic means are being used. Contact the police and have screen shots ready for them.

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: I'm being asked to pay for a consultation but im worried.

the individual is advertised as a pro laywer here but I don't know if it's legit.

250 dollars for 30 minutes is rough for me and my limited means. and because i'm in New York and the laywer is in California they say "I do not practice in New York. If the injury or... View More

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2023

Hiring an attorney can be a personal decision - are you pleased with the person's level of expertise and experience, are they someone you would feel comfortable working with, do you trust them, etc. No one here can make that decision for you.

If the person is someone with who you...
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1 Answer | Asked in Consumer Law, Copyright, Civil Rights, Gaming and Intellectual Property for New York on
Q: Doesn't censorship of a product after point of sale present some legal challanges?

What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it.

I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people... View More

James L. Arrasmith
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answered on Sep 11, 2023

You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society.

From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This...
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3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Harassment and defamation from my job and they fired me today and I notified human resources department today as well

I need help

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2023

I'm sorry about your ordeal. I can only speak for the defamation aspect of your post. An employment law or civil rights attorney could advise about elements related to your harassment and termination. If you suffered defamation (slander - verbal form, or libel - written form), you could... View More

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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: How do I get a copy of my arrested record? I’m trying to prove I been arrested for the same warrant twice
T. Augustus Claus
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answered on Jul 20, 2023

To obtain a copy of your arrest record in New York, you will need to follow these steps:

Contact the arresting agency: Reach out to the law enforcement agency that made the arrest. This could be the local police department or the county sheriff's office. Request information on how to...
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1 Answer | Asked in Civil Rights for New York on
Q: I am a defendant in a thirteen-year-old civil case. Depositions were finally completed two years ago, and still nothing.

It stems from a criminal assault charge, all charges being dismissed and sealed, and then I won a civil case on false arrest charges. But the civil case against me still goes on. Can some one give a good explanation why? Thank you very much.

Jack Mevorach
Jack Mevorach
answered on Jul 3, 2023

Are you represented in the case you ask about.

Jack

1 Answer | Asked in Family Law, Child Custody and Civil Rights for New York on
Q: What can I do if the judge made an order during a conference with no motion before him?

Supreme Court judge called a “conference” because my ex’s attorney sent him an email/letter requesting his intervention in the choosing of our children’s pediatrician. The letter had specific requests much like a motion would but it was just a letter.

At the conference, the judge... View More

Francesco Paolo Tini
Francesco Paolo Tini
answered on Jun 29, 2023

A Judge has the ability to calendar a case whenever the Judge finds good cause to do so, but it has to be on notice. If the orders include custody decisions and or visitation issues without a hearing, you most likely have an appealable issue. you must file an emergency motion with the Appellate... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can I press charges and sue?

Hi I was assaulted by a security guard at a music venue/ bar on May 28,2023. She and a group of people pulled me out to the street then they held me down while she stomped on my face and arms. She took over restraining me then repeatedly punched me for ten minutes in my face. Cops came and I was... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 8, 2023

Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition... View More

1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: Daycare.Got a violation.Days later an AD for lawyer in mailbox.pay 5000.lose. I believe inspector placed ad for lawyer.?

She was labeled a child abuser and lost her daycare license. First Offense. Kid walked toward road. Passerby saw. total time 1-2 mins.Kid walked around the corner of house and like 60 feet. No injuries, perfectly unharmed.Built fence immediately after. can never happen again. Spent all savings.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2023

Further investigation might be necessary to meaningfully address the issues you suspect. But as a general matter, attorneys sometimes learn about matters in a community through seeing public notices, public court or agency records that include judgements, violations, etc. Good luck

1 Answer | Asked in Civil Rights for New York on
Q: Question about a certain hypothetical case.

Two Arab men are pulled over by the police. Their car is searched and they are harassed by the police. Racial comments, including comments about terrorism, are made. The men sue claiming racial profiling and violation of their 4th amendment rights.

Is the stop constitutional or not?

John Michael Frick
John Michael Frick
answered on May 26, 2023

There is not enough information in your question to form an opinion as to whether the stop is constitutional or not. It depends heavily upon why the two Arab men were pulled over by the police initially.

2 Answers | Asked in Civil Rights for New York on
Q: Can a trailer park owner tell you that you can not own or ride around on a golfcart when you are 81 years old ?

i have trouble walking and others in the communiting have golf carts and side by sides he saide they are grandfathered in. We own our trailer and just pay lot rent.

Tim Akpinar
Tim Akpinar
answered on May 24, 2023

I'm sorry for your difficult situation in terms of mobility issues. Your need for the cart is understandable. One option may be to review the terms of your lease with an attorney. Although you posted under Civil Rights, which is plausible from the standpoint of disability law, you can also... View More

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1 Answer | Asked in Civil Rights and Education Law for New York on
Q: Can I sue my school if they dress code me for something that's not listed in the code of conduct of the school district?

I'm in a school in yonkers public schools district. I am wearing shorts about 3-4 fingers above my knee. A friend told me that the code of the school was 4 fingers above the knee so even if that was true, I shouldn't have been dress coded since my shorts are long enough. But no where on... View More

Jack Mevorach
Jack Mevorach
answered on May 12, 2023

Sounds like the school is being overly concerned about this particular dress code. Three or four fingers above the knee - a far cry from miniskirts - should not present a problem.

Jack

2 Answers | Asked in Personal Injury, Civil Rights and Medical Malpractice for New York on
Q: Transgender was lift up and trew against the floor by a worker on the shelter she was living at send to presbiterian

They put her to sleep did not give her any treatment,her shoulder is out of place and she is a lot of pain ,she need help

Tim Akpinar
Tim Akpinar
answered on May 16, 2023

Addendum - If this matter involves any public agencies or entities, it would be advisable to seek guidance without further delay. Public agencies or entities could involve short notice of claim requirements (in other words, very short deadlines to initiate claims) - seek the guidance of an attorney... View More

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1 Answer | Asked in Civil Rights and Insurance Bad Faith for New York on
Q: Is this illegal? Please note that I have disabilities.

Hi I just wanted to ask if it's legal or illegal for a health insurance company to deny a hospital claim just because you have secondary insurance. I reside in NY state if that matters

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2023

It's difficult to comment whether there was an insurance law or policy violation without knowing the types of insurance, policy conditions, sequence in which hospital billed or otherwise coordinated the claims process between the two carriers. There are health care attorneys who handle billing... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for New York on
Q: Is it illegal to post court documents and someone’s home address online in New York ?
James L. Arrasmith
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answered on Mar 2, 2023

In New York, it is generally legal to post court documents that are a matter of public record, such as court orders and decisions, online. However, it is illegal to post someone's home address online if it is intended to be used to harass or threaten them. New York has specific laws, such as... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: A guy has been asking me to cash fake checks for a few months, should I go to the police to report him?

Met some guy who asked if he could cash his checks in my bank account, because he was having problems, and being extremely naive I did .I've only recently realized that they were fake, I believed him when he told me that his employer was having problems or something, and now I'm starting... View More

James L. Arrasmith
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answered on Mar 2, 2023

Yes, you should go to the police to report him. Cashing fake checks is a form of fraud and it is illegal. You should also contact your bank and let them know what happened so that they can take any necessary steps to protect your account. It's important to be honest and upfront about the... View More

2 Answers | Asked in Copyright, Intellectual Property, Civil Rights and Gov & Administrative Law for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 3, 2023

You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... View More

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