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 If You Were Arrested, Issued a Summons, Charged, or Prosecuted in New York City Under Three Void Loitering Laws, a Settlement Totaling $15 Million in Damages May Affect You  

On February 6, 2012, a federal court in Manhattan preliminarily approved a class action settlement requiring the City of New York to pay $15 Million Dollars to approximately 20,000 New Yorkers who were charged in New York City under three unconstitutional “loitering” statutes between 1983 and 2012. The New York City Police Department and the City of New York continued to charge these void statutes for decades after New York State and Federal courts had struck down the laws in the 1980s and 1990s, on First Amendment and other constitutional grounds.

The unconstitutional loitering laws under which tens of thousands of New Yorkers were charged are: N.Y. Penal Law § 240.35(1) (“loitering for the purpose of begging”) after September 30, 1992;  § 240.35(3) (loitering in a public place for the purpose of engaging in “sexual behavior of a deviate nature”) after February 23, 1983, and § 240.35(7) (loitering in a transportation facility and “unable to give a satisfactory explanation of his presence”) after February 17, 1988.

The claim filing deadlines have passed.  Except for those class members who were sent reminder postcards, the claim filing deadline was, October 9, 2012. If you were part of the group who received a reminder postcard, the deadline to file a claim was November 8, 2012. No new claims are being accepted. The Settlement awards were mailed out to the eligibile Class Members on April 26, 2013.


 IMPORTANT UPDATE

 Distribution of the NYC Loitering Settlment Funds occured on April 26, 2013.

 

IMPORTANT DATES & DEADLINES
File a Claim Deadline Has Passed
File an Objection Deadline Has Passed
Sumbit Exclusion Request Deadline Has Passed
Fairness Hearing December 14, 2012
Distribution April 26, 2013

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This website is supervised by counsel and the Court and is controlled by Rust Consulting, the Administration firm that handles all aspects of notice and claim processing.  This is the only authorized website for this litigation.  Please do not rely on other sites that set out different and unauthorized information.  If you have any questions, please contact the Administrator.

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