NY Nassau County Religious Protest Buffer Zone Paused by Court

A federal judge in Brooklyn blocked a recently passed law in Nassau County, N.Y., that prohibits protests near houses of worship as likely unconstitutional.

The preliminary injunction order sides with two Nassau County long-time residents whose lawsuit seeks to stop implementation of the so-called buffer zone law that prohibits people from demonstrating, distributing literature, displaying signs, or engaging in “oral advocacy” or other forms of “symbolic conduct” within 35 feet of an entrance or driveway to a religious institution.

Judge Sanket J. Bulsara of the US District Court for the Eastern District of New York agreed with the county that the law serves an important government interest, but he said it “flunks the narrow tailoring” test, which in part says a law shouldn’t burden more speech than is necessary to further that government interest.

The law “imposes restrictions on such speech essentially without limitation as to time, and in some places over sidewalks and public streets,” Bulsara said June 18, blocking the law pending litigation on the merits.

The lawsuit marks the first challenge of “buffer zones” outside of churches, synagogues, mosques, and other places of worship in New York.

The case is Borecky v. Cnty. of Nassau, E.D.N.Y., No. 2:26-cv-02049, 6/18/26.