The Cortland Housing Authority (“CHA”), a New York State public housing authority that receives federal funding, categorically bans the possession of firearms (and other weapons) on CHA premises, at which CHA’s public housing tenants reside in flagrant violation of the tenants’ fundamental right to keep and bear arms in their homes under the Second Amendment.
Despite being alerted to the violation of the Plaintiffs’ rights by one of the individuals, including citations to another SAF case wherein the court entered an entry of judgment and permanent injunction against another housing authority for having the same lease provision, the CHA responded that “We will not be changing our stated position or lease provision on this matter.”
On December 7, 2023, the Second Amendment Foundation, joined by three individuals, filed suit against the Cortland Housing Authority and its’ Executive Director Ella Dilorio. The lawsuit seeks a temporary restraining order, along with a preliminary and permanent injunction, and declaratory relief.
To access all of the case documents, please visit the docket.
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Case Team: Edward Paltzik
Recent Docket Activity
November 19th, 2024
STIPULATION AND ORDER OF DISMISSAL that this action is hereby dismissed with prejudice; and notwithstanding the dismissal of this action in accordance with the settlement agreement the District Court shall continue to retain jurisdiction over this action for the purpose of enforcing the terms of the permanent injunction and the Settlement Agreement between the parties. Signed by U.S. District Judge Glenn T Suddaby on 11/19/2024.
November 14th, 2024
STIPULATION of Dismissal of All Remaining Causes of Action by Ella M. Diiorio, Cortland Housing Authority submitted to Judge Suddaby.
October 22nd, 2024
ORDER AND STIPULATED PERMANENT INJUNCTION. Signed by U.S. District Judge Glenn T Suddaby on 10/22/2024.
October 22nd, 2024
JUDGMENT that, pursuant to the Order and Stipulation for Permanent Injunction issued on October 22, 2024 by the Honorable Glenn T. Suddaby the Permanent Injunction is approved, and judgment is entered in favor of Plaintiffs. Accordingly, IT IS SO ORDERED: 1. Pursuant to Plaintiffs' claims as set forth in the First Amended Complaint, Defendants, and their respective employees, agents, representatives, service providers and/or contractors, are enjoined from prohibiting Plaintiffs and all other CHA tenants from owning, possessing, transporting, or using firearms for lawful purposes, provided they are otherwise qualified and in compliance with all federal, state, and local laws applicable to the ownership, possession, transportation and use of firearms. 2. Upon entry of this Permanent Injunction, Defendants, and their respective employees, agents, representatives, service providers and/or contractors, having amended the original CHA Lease to remove the Firearms Ban, shall ensure that the CHA Lease, as amended , will not prohibit Plaintiffs, and all other CHA tenants, from owning, possessing, transporting, or using firearms for lawful purposes. 3. Upon entry of this Permanent Injunction, Defendants, and their respective employees, agents, representatives, service providers and/or contractors, shall permit Plaintiffs and all CHA tenants to own and possess firearms within their residential units, to engage in lawful self-defense and defense of others in the common areas on CHA property and in their residential units, and to lawfully transport firearms through the common areas on CHA property. 4. Upon entry of this Permanent Injunction, Defendants, and their respective employees, agents, representatives, service providers and/or contractors, shall ensure that the CHA Lease, as amended , and any future changes, edits, iterations, or versions of the CHA Lease, complies with the Second Amendment in all respects and does not violate the Second Amendment in any respect. Notwithstanding this provision, Defendants shall retain all rights to amend the CHA Lease in the future, subject to compliance with the Second Amendment and all other provisions of the United States Constitution. 5. Upon entry of this Permanent Injunction, Defendants, and their respective employees, agents, representatives, service providers and/or contractors, are enjoined from prohibiting or restricting any person's access to any of CHA's social media pages or message forums, including but not limited to CHA's Facebook page, and Defendants are enjoined from censoring or deleting any person's comments, expressions, ideas, likes, messages, opinions, or posts on any of CHA's social media pages or message forums, so long as such content does not violate the terms of service of any social media entity, platform, or provider. 6. Upon entry of this Permanent Injunction, Defendants, and their respective employees, agents, representatives, service providers and/or contractors, shall permit Plaintiffs and all CHA tenants to have full access to CHA's social media pages or message forums, and shall not deny Plaintiffs and all CHA tenants permission and the ability to make comments, expressions, ideas, likes, messages, opinions, or posts on CHA's social media pages and message forums via their own individual accounts. Any comments, expressions, ideas, likes, messages, opinions, or posts by Plaintiffs or other CHA tenants on CHA's social media pages or message forums shall comply with the terms of service set forth by the hosting social media entities, platforms, or providers, including but not limited to Facebook. 7. This United States District Court for the Northern District of New York shall retain jurisdiction for the enforcement of this Permanent Injunction. 8. Defendants will pay to Plaintiffs' counsel, Bochner PLLC, the amount of $150,000.00 for Plaintiffs' attorneys' fees and costs incurred in connection with this action, in full satisfaction of said attorneys' fees and costs, pursuant to the Settlement Agreement entered into by the Parties. All of the above pursuant to the Order and Stipulation for Permanent Injunction dated October 22, 2024 issued by the Honorable Glenn T. Suddaby. Dkt. No. 90 .
October 18th, 2024
STIPULATION of Permanent Injuction by Robert Hunter, Elmer Irwin, Doug Merrin submitted to Judge Glenn T. Suddaby.
October 18th, 2024
STIPULATION of Permanent Injunction by Robert Hunter, Elmer Irwin, Doug Merrin submitted to Judge Glenn T. Suddaby. Exhibit A, # 2 Exhibit Exhibit B)
October 1st, 2024
TEXT ORDER: In light of Docket Nos. 85 & 86, and ADR docket entry 9/30/2024, advising the Court that this matter has settled: the Hearing scheduled for 10/4/2024 is no longer necessary and is cancelled; Motion 55 is DENIED as MOOT; and no later than 11/1/2024, the parties are directed to file either, stipulation of dismissal, or detailed status reports. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 10/1/2024.
