A lawsuit was filed on June 17, in Brooklyn Supreme Court on behalf of two synagogues seeking to prevent the City of New York and Brooklyn Borough President Marty Markowitz from violating a long-time law forbidding amplified concerts within 500 feet of a house of worship, schools, hospitals, and courthouses. On June 29th, 2010, the City Council passed a bill which excluded Asser Levy/Seaside Park from the law. The bill to change the existing law was hastily introduced by Queens Council Member Peter Vallone at the request of Mayor Bloomberg The amendment was a clear end-run around the existing law. Since 1991 Mr. Markowitz has sponsored an annual concert series in Asser Levy/Seaside Park, in Brighton Beach Brooklyn.
In violation of the law, these concerts have coincided with the hours of worship of Plaintiff Congregation Sea Breeze Jewish Center and with the hours of worship of Plaintiff Congregation Temple Beth Abraham. The two synagogues are approx. 300 feet away.