PHILADELPHIA – A federal judge has denied a Philadelphia group honoring Vietnam War veterans an injunction to proceed with a memorial parade, against citywide restrictions on gatherings implemented due to the coronavirus pandemic.
U.S. District Court for the Eastern District of Pennsylvania Judge Nitza I. Quiñones Alejandro ruled Dec. 23 that Philadelphia Vietnam Veterans Memorial Society had not shown that it would suffer irreparable harm, if it were not to be granted an injunction allowing it to host its annual parade to honor Vietnam War veterans.
It all began last July 14, when the City of Philadelphia’s Office of Special Events issued an event moratorium advising that the Office of Special Events would not “accept, review, process, or approve applications, issue permits, or enter into agreements for special events or public gatherings of 50 or more people on public property through Feb. 28, 2021,” with exceptions made for constitutionally protected activities and demonstrations.
The plaintiff filed suit against Philadelphia Mayor Jim Kenney and Acting Managing Director Tumar Alexander on Oct. 30, arguing its constitutional rights were being violated through the order and follow-up order issued by the City on Nov. 23.
Alejandro said the group did not demonstrate a likelihood of succeeding on the merits of its claims, or of irreparable harm in not being granted the requested injunction.
“Defendants’ restrictions appear sufficiently narrowly tailored to serve the government’s significant interests in reducing the spread of COVID-19. While plaintiff notes public health experts’ warnings that indoor gatherings pose a higher risk of virus transmission than outdoor gatherings, that difference does not necessitate the conclusion that regulations affecting outdoor gatherings are not appropriate or permissible,” Alejandro said.
“As noted, to pass the applicable level of scrutiny, the restrictions need only promote the substantial government interest in reducing the spread of COVID-19. This Court cannot conclude at this stage that limiting outdoor events to 10 persons per 1000 square feet and/or 2000 people total is not aligned with public health guidance recommending both social distancing and limits on public gatherings, even outdoors, to prevent the spread of COVID-19…the restrictions at issue here actually allow parades and other public gatherings, subject to density and maximum capacities.”
Alejandro added the possible harm that could result from holding such a gathering was greater than that possible harm resulting from the injunction being denied.
“Finally, even if plaintiff were able to articulate irreparable harm, this Court cannot conclude that plaintiff’s alleged harm outweighs the potential harm to the general public if the restriction is lifted. Enjoining the actions of elected officials in matters that affect public safety, such as the COVID-19 Pandemic, also constitutes an irreparable harm to the governmental interest,” Alejandro concluded.
“Here, granting a preliminary injunction may result in additional COVID-19 transmissions, including more cases of serious illness and death. Thus, the potential of harm to the public is significant and, on balance, not outweighed by the harm plaintiff might suffer. Accordingly, plaintiff’s motion for a preliminary injunction is denied.”
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-05418
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com