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Bird Paradise v. N.Y. Bird Club
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N.J. Superior Court, Burlington County/Direct
Ed Barocas/ACLU-NJ
The ACLU-NJ successfully represented three animal rights groups seeking to protest on the public right-of-way in front of a large bird store in Burlington, NJ. After the city police approved the demonstration, the store (Bird Paradise) filed suit against the city and the animal rights groups, on April 4, 2008, seeking to stop the protest. The store raised claims of trespassing and that the demonstrators needed a sign permit from the State. The ACLU-NJ explained that, while the company could contact the State about the demonstration, the store had no right themselves to sue regarding a lack of permits. The ACLU-NJ aided the animal rights groups in processing the State permit -- (the sign permit requirement did not apply, but another permit requirement that the store was unaware of did exist) -- and the store ultimately agreed that, if the State approved the gathering, the store had no independent right to stop it. The case was therefore dismissed and, on Friday, April 11, 2008, the State approved the permit. The demonstration was held the next day, on April 12, 2008.
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