Are teachers who park their cars in legal spots near their school as part of informational picketing and thereby cause students to be dropped off in the street engaged in protected 1st Amendment activity?

No. We have visited this case last year when the Appellate Division reversed the ruling of the Supreme Court in a case coming from the East Meadow school district. As you may recall members of the East Meadow Teachers Association decided to form an informational picket line by parking their cars in legal spots near Woodland Middle School in such a way that pedestrians could only pass to the school’s sidewalk through curb cuts. The parking area was not restricted but had been customarily used as a drop-off area for parents bringing their children to school. The protest caused traffic congestion and students were dropped off by their parents in the middle of the street.

Writing for the majority of the Court of Appeals Judge Abdus-Salaam found that while the teachers’ First Amendment rights were implicated, safety concerns for the students outweighed these rights and permitted the arbitrators to discipline the teachers pursuant to 3020-a.

A strong dissent, written by Judge Rivera, argued that the majority engaged in improper fact finding an improperly weighed the alleged disruption and safety concerns.

In the Matter of Richard Santer, Respondent, v Board of Education of East Meadow Union Free School District, Appellant. In the Matter of Barbara Lucia, Respondent, v Board of Education of East Meadow Union Free School District, Appellant, No. 51, No. 52, COURT OF APPEALS OF NEW YORK, 2014 N.Y. LEXIS 997; 2014 NY Slip Op 3189; 199, L.R.R.M. 3291, May 6, 2014

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