Foundation Against Intolerance & Racism, Inc. v. City of New York

Background

Plaintiffs’ counsel requested permission to file redacted versions of documents submitted in support of plaintiffs’ emergency request for a temporary restraining order and preliminary injunction. The request concerned docket entries 26 and 27.

One supporting declaration came from a FAIR member identified by the initials I.L. The declaration stated I.L.’s name, birth year, COVID-19 infection history, and vaccination status. I.L.’s name also appeared in counsel’s declaration and in plaintiffs’ legal memorandum.

Request to Seal and Redact

Counsel argued that the court could protect a person from undue harm under Federal Rule of Civil Procedure 26 and could control access to its own records. Counsel also argued that the presumption of public access to judicial documents was overcome because I.L.’s privacy interests in her name and personal health information outweighed the public interest in disclosure, and because the requested redactions were narrowly limited.

Counsel stated that I.L. feared substantial reprisals in her workplace, professional career, and personal life if her identity, vaccination status, and COVID-19 infection history became public. Counsel further stated that the public availability of the information was causing I.L. severe anxiety and distress. Counsel said the defendants would not be prejudiced and that defense counsel took no position on the request.

Ruling

Judge Katherine Polk Failla granted the application. The court directed the clerk to place docket entries 26 and 27 under seal, with access limited to the court and the parties. The court directed the plaintiff to refile those documents with the requested redactions and directed the clerk to terminate the pending motion at docket entry 31.

This ruling addressed access to court records and protection of personal information; it did not decide the underlying request for emergency relief.