Our firm evaluates and pursues constitutional challenges to government action affecting individuals, community groups and organizations in New York.
Protecting rights when government acts
A government restriction may raise constitutional questions when it limits speech, treats people differently or affects a protected interest without the process the law requires. We examine what happened, which constitutional protection applies and whether a court can provide an effective remedy.
Our review considers both the United States Constitution and the New York Constitution. A disagreement with an agency may require a statutory or administrative challenge, a constitutional claim, or a coordinated approach.
Constitutional issues we assess
We assess restrictions on speech, association, assembly and petitioning; due process concerns involving notice and an opportunity to be heard; and equal protection challenges to government treatment. Depending on the facts, the matter may also involve the scope of government authority.
Choosing a remedy and a forum
Some clients need a declaration that a policy violates their rights. Others need an order preventing enforcement or requiring lawful action. We evaluate declaratory judgments, injunctive relief and any legally available damages in light of the specific claim.
The initial assessment includes standing, timing, immunity defenses and whether the dispute belongs in state or federal court. Where an agency determination is involved, we also assess the relationship between the constitutional issues and any Article 78 proceeding.
Preparing the case
Useful starting materials include the challenged law or policy, written decisions, notices, correspondence and evidence of the effect on you or your organization. A clear chronology helps identify the responsible government body and any urgent need for court relief.
Ben Kallos brings experience in legal practice and public service to questions about how government decisions are made. The firm evaluates each proposed case on its facts, procedural requirements and practical objectives.