Another NY SAFE Act Legal Challenge

There’s a race on in New York. Specifically, a race among lawyers to be the first to kill the NY SAFE Act. We’ve been talking about James Tresomnd’s challenge, which is already doing quite well and awaiting a ruling on an injunction from the courts to keep the act from going into effect. Another lawyer, Robert Shultz, is challenging the act through the use of a class action lawsuit against the governor and his cronies and has been instrumental in organizing the rallies in New York. And now it looks like Shultz will be the first to present oral arguments in court against the act this coming Wednesday. From . . .

SAFE Act opponents will have their first day in court Wednesday as Robert Schulz, acting pro se on behalf of 1,256 plaintiffs, had his motion to have oral arguments heard by the state Supreme Court approved.

Schulz petitioned the court on March 7 to have oral arguments heard by the court on Wednesday “given the fact that 53 of 56 operative sections of the SAFE Act are scheduled to take effect on March 14, 2013,” according to his motion filed with the court. The suit would provide an injunction against parts of the SAFE Act becoming law while the courts determined the constitutionality of those sections.

It sounds like they’re challenging the constitutionality of the rush job Governor Cuomo pulled to pass the legislation, and making the case that the governor’s letter of urgency waiving the three-day legislative waiting period was inappropriate under the circumstances and inaccurate in the details. I’m still not exactly clear on the fine points of the case and what they hope to achieve, but needless to say we’ll be looking to interview them pretty shortly.