Full opinion text
MCMAHON, District Judge. The court, for its findings of fact, conclusions of law and verdict: FINDINGS OF FACT I.THE PARTIES A. Plaintiffs 1. Plaintiff John Doe No. 1 is a 27 year-old male of Guatemalan descent, who has resided in the Village of Mamaroneck recurrently for four and a half years. (Doe No. 1 ¶ 1.) 2. Plaintiff John Doe No. 3 is a 24 year-old male of Guatemalan descent, who has resided in the Village of Mamaroneck since February 2006. (Doe No. 3 ¶ 1.) 3. Plaintiff John Doe No. 4 is a 34 year-old male of Guatemalan descent, who has resided in the Village of Mamaroneck for five and a half years. (Doe No. 4 ¶ 1.) 4. Plaintiff John Doe No. 6 is a 36 year-old male of Mexican descent, who has resided recurrently in the Village of Ma-maroneck for eight years. (Doe No. 6 ¶ 2.) 5. Plaintiff John Doe No. 7 is a 40 year-old male of Guatemalan descent, who has resided in the Village of Mamaroneck for fourteen years. (Doe No. 7 ¶ 2.) 6. Plaintiff John Doe No. 8 is a 42 year-old male of Salvadorian descent, who has resided in the Village of Mamaroneck for thirteen years. (Doe No. 8 ¶ 3.) 7. Plaintiff National Day Laborer Organizing Network (“NDLON”) is an unincorporated not-for-profit organization that provides advocacy on behalf of, and assistance to, day laborers across the United States, including those in Mamaroneck. (Newman ¶ 4; T. 197:4-8 (Newman)). 8. The aims of NDLON include working for the repeal or invalidation of laws that restrict the right of day laborers to solicit employment. (PX 102.) 9. NDLON’s resources are expended on its mission of assisting day laborers. (TT p. 196.) 10. NDLON has been a plaintiff in at least two other federal litigations in which its resources have been expended in furtherance of litigation (TT pp. 97-98.) 11. At the time that this lawsuit was commenced, NDLON had 5 employees, including Mr. Chris Newman (“Mr.Newman”), whose position is Legal Programs Coordinator. (TT p. 194.) 12. The resources utilized by NDLON in this case were time and expenses for both Mr. Newman and Mr. Fernando Pacheco (NDLON’s East Coast Coordinator) to travel to the Village to meet with day laborers to discuss day laborer issues in the Village, including this lawsuit. (TT p. 200.) 13. NDLON came to the Village in connection with the de-designation of the Parking Lot Site. (TT pp. 204-205.) 14. Mr. Newman met with the day laborers three or four times after the Parking Lot Site was de-designated. (TT p. 200.) 15. NDLON is being legally represented without charge. (TT p. 203.) 16. NDLON has no individual members. (TT p. 194.) NDLON’s membership is comprised solely of organizations. (TT p. 194.) 17. The record does not show who, if any, the organizational members of NDLON are. 18. The individual day laborer plaintiffs, John Does 1, 3, 4, 6, 7 and 8, are not members of NDLON. (TT p. 195.) 19. NDLON has not devoted resources to address the day laborer situation in Mamaroneck above and beyond what it would have in the ordinary course of business. 20. The claims of John Does 2 and 5 have been withdrawn. B. Defendants 21. Defendant Village of Mamaroneck (the “Village”) is a New York municipal corporation, located within Westchester County, New York. 22. The Village is governed by a five-member Board of Trustees. The Board of Trustees consists of the Mayor of the Village, Defendant Philip Trifiletti, Joseph Angilletta, William Paonessa, Tony Vozza and Thomas Murphy. 23. By Village ordinance, each of the members of the Board of Trustees is also a Police Commissioner. 24. Defendant Philip Trifiletti is the Mayor of the Village of Mamaroneck and a member of the Board of Trustees. He is the Village Official charged with overall responsibility for implementing and administering the policies of the Village of Ma-maroneck. 25. The Mayor gives directions to the Village Chief of Police regarding, among other things, concentrations of police activity. (DX 40.) 26. Defendant Edward Flynn is the Chief of the Village of Mamaroneck Police Department. He is responsible for implementing and administering the policies of the Village Police Department. 27. At all times relevant to this action, Defendants were acting under color of law. II. BACKGROUND 28. For half a century or more, immigrants — who typically numbered from 20 to 30 (T. 687:24-688:7, 721:2-20 (Trifiletti); PX94a) — have gathered on a daily basis in the Columbus Park area of the Village for the purpose of soliciting employment. (T. 687:12-15 (Trifiletti), 631:6-14 (Angillet-ta)). 29. Columbus Park, a public park adjacent to the Mamaroneck train station, is located in an area of the Village of Ma-maroneck known as Washingtonville. Washingtonville contains businesses and residences and is a dense and active neighborhood. It is also a very diverse neighborhood, with a large Latino population, as well as Chinese, Italian, Irish, African American and Caucasian residents (Tr. 40-41, 583, 663, 750, 752, 807; DX III, 115,121.) 30. Before the early 1990s, those seeking employment were predominantly white. (T. 631:15-20 (Angilletta), 687:20-23 (Trifiletti)). 31. Today, those seeking employment (hereinafter the “day laborers”) are almost exclusively Latino. (T. 16:1-3 (Viera), 95:19-96:1 (Rolon), 178:16-18 (Candamil), 329:6-9 (Lopez), 432:22-433:3 (Flynn), 687:16-19 (Trifiletti); Doe No. 1 ¶¶ 9-10, Doe No. 6 ¶¶ 17, Rolon ¶ 5.) 32. Village officials do not know whether or not the day laborers are immigrants and do not know their immigration status. (T. 433:4-11 (Flynn)). 33. Throughout the 1990s and early 2000s, Latino day laborers gathered in the Village’s historic immigrant-assembly area, which was located on Van Ranst Place (which borders Columbus Park). There, they obtained work from contractors and other employers on a regular basis. (T. 15:18-24 (Viera), 692:11-17 (Trifiletti); 782:14-15 (Gitlitz); see PX15.) 34. In the two years immediately preceding August 2004, the number of day laborers seeking work within the Village ranged, on average, from 60 to 80. (T. 15:21-24 (Viera), 784:18-21 (Gitlitz), 434:2-9 (Flynn)). 35. Despite their increased numbers compared to their non-Latino predecessors, the actions of Latino day laborers prior to 2004 were monitored by no more than a routine police presence. (T. 20:1-4 (Viera), 436:7-12 (Flynn), 785:23-786:8 (Gitlitz)). 36. During this time, an average of approximately 12 to 15 contractors per day would stop to pick up workers as they gathered on Van Ranst Place. (T. 20:5-15, 785:11-13 (Gitlitz)). This occurred between the hours of 7 A.M. and 11 A.M. III. AUGUST 2004: THE DAY LABORERS ARE MOVED FROM VAN RANST PLACE TO THE PARKING LOT AND THE VILLAGE LAUNCHES AN INTENSE LAW ENFORCEMENT CAMPAIGN DESIGNED TO REDUCE THE NUMBER OF WORKERS 37. By way of background, plaintiffs allege that Village officials began a “campaign of harassment and intimidation” against the day laborers in response to pressure from Park View Condominiums, the developer of a luxury condominium across the street from the day laborer site. (Second Amended Cplt. ¶ 34.) The parties have stipulated that in January 2006 construction did begin on a new luxury condominium building across the street. (Id. ¶ 31; Second Amended Answer ¶ 31.) Further, plaintiffs allege and defendants concede that John Lese, an agent for the developer, wrote several letters to Village trustees and/or its attorneys prior to the commencement of the construction. (Second Amended Cplt. ¶ 32; Second Amended Answer ¶ 32.) However, since plaintiffs have not submitted the letters into evidence, and there is no other evidence of either their content or the dates on which they were sent in the record, this court cannot conclude, as plaintiffs allege, that Village officials were under pressure from the developer in or about August 2004, when the activity that forms the basis of this lawsuit began. 38. Village officials unilaterally determined, in August 2004, that the day laborers would no longer be permitted to gather on Van Ranst Place. Instead, the workers were directed to gather in a commuter parking lot at the northwest corner of Columbus Park, where Van Ranst intersects with Jefferson Avenue (hereinafter, the “Site”). (T. 23:10-13, 25:16-19 (Viera); 442:11-15 (Flynn); Doe No. 7 ¶ 4; DX80.) A sign was posted at the Site, which read “Pick-Up Location Day Laborers,” and first one, and then a second, entrance/driveway were added to the parking lot (with the approval of the Village Traffic Commission, the Mayor and the Board) to accommodate this use of the Site. (Tr. 576-77, PX 95.) 39. In late August and early September 2004, the Mayor began making public statements (a) decrying the number of day laborers in Mamaroneck, suggesting that their numbers had grown to 200 to 225, and (b) claiming that the great majority of these workers were not residents of the Village. (T. 690:20-25 (Trifiletti); DX67; PX94a.) 40. The mayor had no factual basis for making either of these assertions. 41. Police Chief Flynn estimated that the number of day laborers gathering at this time on Van Ranst Place — the predominant gathering place for day laborers prior to the establishment of the Site (e.g., T. 782:12-15 (Gitlitz)) — was less than half the number suggested by the Mayor. (T. 434:2-9, 436:7-12 (Flynn)). 42. The Mayor conceded that no study confirming the residency of the day laborers was done until May of 2006 (T. 689:24-690:9 (Trifiletti)). That study concluded that the great majority of day laborers in the Spring of 2006 were Village residents. (PX 74.) 43. For 15 months of the Site’s operation, the Hispanic Resource Center employed a site coordinator, Janet Rolon, who was present at the site on a daily basis, and kept notes of each day’s activities. (Rolon ¶¶2-3.) Ms. Rolon’s records are the only contemporaneous records reflecting the daily activity of the day laborers since November 2004. (Tr. 69-70, 813, PX 101.) They do not show anything like 200-225 laborers appearing at the Site on any given day. In fact, during the entire period when she kept records, the most day laborers who appeared at the Site on any given day was approximately 90. (PX 101.) 44. The Mayor’s statements regarding the number and residency of the day laborers were designed to justify the law enforcement campaign that ensued. 45. Coincident with the opening of the Site, the Village established an unprecedented police presence in the Columbus Park area and began to ticket commercial vehicles aggressively. (PX94a.) 46. The goal of this law enforcement campaign was to reduce the number of day laborers in the Village primarily by discouraging employers from picking them up. (T. 694:7-695:1, 708:23-709:7, 710:6-11 (Trifiletti); (PX70, PX94a)). 47. As part of this campaign, the police department, acting on instructions from the Mayor and the Board of Trustees (T. 27:17-24 (Viera)): 1 Stationed a police car at each end of Van Ranst, and one at Sheldrake and Van Ranst. (T. 23:17-24:5 (Viera); 787:18-23 (Gitlitz)). 2 Assigned numerous officers to the area, which initially required overtime work. (DX 67 at MK228; PX94a). 3 Began treating the workers at the parking lot in a manner that made them feel tense and angry and agitated and as if they were criminals. (T.788:8 (Gitlitz); T.25:7-l (Viera)). 4 Began taking action designed to scare off potential employers, including, aggressively ticketing contractors who entered the area to pick up day laborers. (T. 788:3-8 (Gitlitz)); (T.26:6-9(Viera)). 48. During the first two weeks following the opening of the Site, 104 traffic citations were issued in the Columbus Park area, an unusually large number for that area. (T. 708:5-10 (Trifiletti); DX80.) 49. In the next two weeks, approximately 100 additional tickets were issued in the Columbus Park area. (DX 67; T. 707:24-708:10 (Trifiletti)). 50. Witnesses who visited the site during the first week of its operation described the heavy police presence, the agitated state of the workers, and ticketing or absence of contractors. (T. 21:20-28:8 (Vi-era); 787:18-789:17 (Gitlitz)). 51. In less than one month the number of day laborers in Mamaroneck fell to approximately 30 to 40. (T. 699:12-15 (Trifi-letti); DX67.) 52. The Mayor subsequently boasted, “We no longer have a [day laborer problem.]” (DX 67.) 53. The goal of the Village’s campaign of targeted law enforcement — to drive away the day laborers — was defended by the Mayor some 17 months later in a televised address, when he described how the Village had diminished the number of day laborers: I think that’s important that everyone understands that if I go back to about 16-18 months ago, we in the Village of Mamaroneck had an out of control problem in the Village where we had a vast number of laborers coming to our village seeking employment. We estimate the number to be somewhere around 220, and these laborers were in and around Columbus Park and what we found was that the majority of the laborers coming to our village, probably in excess of 90% were actually from out of town.... So I met with the Police Chief and we put a plan in place where we started enforcing everyday laws, that get enforced in our village everywhere, throughout our village, not just at the park, and we put 5 police officers in and around the park enforcing the laws of the village. The numbers dwindled over about a 6 month period from about 220 down to about 25 (PX94a.) IV. INTENSIVE LAW ENFORCEMENT ACTIVITIES CONTINUE DURING THE SEVENTEEN-MONTH PERIOD THAT THE WORKERS GATHER IN THE PARKING LOT AT COLUMBUS PARK 54. For virtually every day of the next 17 months, until the parking lot was closed as a pick-up site, at least one patrol car was permanently stationed at the parking lot during almost every hour that workers were gathered there. (T. 28:11-22 (Viera); 325:8-10 (Lopez); 407:7-20 (Gaffney); 443:1-3 (Flynn); 790:2-5, 790:23-791:8, 793:3-8 (Gitlitz); Rolon ¶ 9.) 55. The police detail at the parking lot of Columbus Park ended each day at approximately 11 A.M. (T. 443:6-28 (Flynn)) — -by which time those day laborers who were going to find work had found it. There was no police presence at the parking lot on Sundays. (T. 443:1-5 (Flynn)). The 7 a.m. to 11 a.m. police post was described in some of the police log sheets as the “day laborer detail.” (PX 111.) 56. The police detail at the parking lot ended almost as soon as the day laborers moved primarily to Mamaroneck Avenue in March of 2006. (T. 793:15-794:1 (Git-litz); PX85 JD0560.) 57. No other police vehicle had ever before been permanently stationed at one location in the Village — even in Washing-tonville. (T. 408:19-409:5 (Gaffney), 443:12-15 (Flynn)). 58. Indeed, with the exception of heavy-traffic areas where a police officer was needed to direct traffic, there was no other place in the Village during this time period where a police vehicle was stationed for any sustained period of time. (T. 30:13-25 (Viera); 408:18-409:5 (Gaffney); 443:12-444:16 (Flynn); 715:11-716:14 (Trifiletti)). 59. The area close to the train station is not lightly traveled, and there is considerable vehicular and pedestrian traffic, especially during regular commutation hours. However, the officer in the vehicle that remained at the parking lot on a daily basis did not direct traffic. (T.791:ll-20 (Gitlitz)) 60. Frequently, the one permanent car stationed at the Site was joined by one or two other police vehicles, and sometimes by an officer on bike patrol. (PX 17; PX 19; T. 714:21-715:4 (Trifiletti)). 61. During the 17-month period that the Site was open, the Village police department was severely short-staffed. (T. 409:6-9 (Gaffney); DX 32-33.) 62. Because of the under-staffing, the police department was not able to station a patrol ear at the basketball court where more than a hundred people regularly gather and where fights have occurred in the past. (T. 409:10-410:19 (Gaffney); DX32-33.) 63. The police officer assigned to the site was directed to strictly enforce violations by contractors picking up day laborers. (PX 19; PX 111.) 64. During this time period, numerous traffic citations were issued to contractors, sometimes for nothing more than stopping to pick up a day laborer. (T. 279:2-5 (E.Garcia); 603:9-13; Rolon ¶ 10; E.g., PX8-10.) 65. This and similar behavior was designed to and did discourage contractors from stopping to pick up workers. (Rolon ¶¶ 10-16; Doe No. 1 ¶ 4-13; Doe No. 8 ¶¶ 8-9.) 66. Some contractors who attempted to enter the Site to hire day laborers during this time would, after speaking with the police officers stationed there, simply drive away without hiring anyone. (T. 26:6-8, 62:2-9 (Viera); Rolon ¶¶ 10,12-13.) 67. The constant presence of the police car at the Site was intimidating to the workers and contractors (Rolon ¶ 9; T. 792:15-21 (Gitlitz)), and it affected the ability of day laborers to obtain work. (Doe No. 1 ¶ 4-5; Doe No. 8 ¶ 16; Doe No. 7 ¶ 6.) 68. Village police did not enforce with equal rigor, and sometimes even ignored, traffic and parking infractions that occurred in other parts of the Village or that were committed by persons other than contractors. (T. 31:1-19 (Viera); Rolon ¶¶ 29-10.) One store owner has observed Latino drivers being ticketed outside his store for not wearing a seatbelt; but when police officers saw white drivers not wearing their seatbelts, they made a gesture to show that the drivers should buckle their seatbelts but did not give these drivers a ticket. (T. 151:9-24 (Zuniga)). 69. ' During the time the site was open, the police engaged in abusive and intimidating behavior toward plaintiffs and other day laborers. (T. 107:3-6 (Rolon); Rolon ¶¶ 9, 15,18.) 70. Village officials, including the Police Chief and the Mayor, were repeatedly advised during the 17-month period that the extensive police presence at the site, including the presence of the police car, was intimidating. (T. 408:5-18 (Gaffney); 445:24-447:4 (Flynn); 717:4-19 (Trifiletti); 792:15-21 (Gitlitz); DX84; DX86 at MK00189; DX88 at MK00140.) 71. Chief Flynn advised representatives of the Hispanic Resource Center that the police would remain at the parking lot until the Village Board of Trustees directed their removal. (T. 27:17-24 (Viera); 789:3-6 (Gitlitz)). 72. According to Ms. Rolon’s records (kept from November 1, 2004 through February 1, 2006) (a) the average number of workers at the site each day ranged from 52 during the high season to 22 during slower seasons. (PX83 at JD0228); (b) the average number of workers picked up each day ranged from 5 to 9 during high seasons to 1 to 4 during slower seasons, with a daily average over this fifteen month period of 3.8 workers (PX83 at JD0228, PX84 at JD0565); and (c) the average number of employers picking up workers each day over this fifteen month period was 3.4 employers (PX83 at JD0228, PX84 at JD0565). 73. By contrast, during this same time period approximately 25-30 children were being dropped off every morning between 6:30 and 8:30 at Nana’s Kids, a nearby daycare center. (T. 548:18-19, 549:7-8 (Nigro)). There is no evidence that anyone dropping off children was ticketed or intimidated. V. THE VILLAGE’S PURPORTED CONCERN ABOUT CRIME AND “QUALITY OF LIFE ISSUES” IN THE COLUMBUS PARK AREA 74. The Village’s purported justification for the increased and unprecedented police presence in around the Site during the morning hours is that there had been a sudden up-swing in so-called “quality of life” issues — such as prostitution, drug-dealing, public intoxication, urination and defecation (T. 482:19-483:17 (Ferraro))— and criminal activity. 75. However, “the so-called quality of life issues that existed in [this] area around this time did not relate to day laborers or the day laborer site at Columbus Park.” (T. 485:5-9 (Ferraro)). 76. The records of the Police Department do not reflect any complaints about criminal activities by day laborers. (T. 477:15-19 (Flynn)). 77. Any complaints to the Village police department concerning any incidents of public urination or defecation, disorderly conduct, indecent exposure, etc. would have been recorded in the Village Police Department Desk Officer Log. (T. 417:5-419:9 (Gaffney)). 78. According to the Desk Officer Log, between January 1, 2006 and June 30, 2006, the Village received only one complaint of public urination, and that one incident occurred — at night — five blocks from Columbus Park. (PX33 at MK01880; T. 418:10-419:3 (Gaffney)). 79. The only arrests during that six month period that could even conceivably have involved a day laborer — i.e., that occurred in and around Columbus Park between the hours of 6:30 and 11:30 a.m. and involved suspects with Hispanic surnames — were (a) one arrest for “Exposure” (PX 33 at MK 2924), and (b) one arrest for possession of marijuana (DX 98). 80. Ms. Rolon, the Site coordinator from November 2004 through February 2006, “never [saw] a day laborer urinate or defecate in public, engage in public intoxication, or harass any passersby in the area.” (Rolon ¶ 6.) 81. During the time the Site was open, families continued to use the park and the day laborers did not interfere with them. (T. 16:8-17:14 (Viera); 783:17-24 (Gitlitz)). 82. At times, day laborers may have approached SUVs driven by village residents in the mistaken belief that they were occupied by contractors. (T. 542:6-23 (Nask)). However, there is no evidence that any criminal activity occurred. 83. Tony Fava is the head of a group known as the Washingtonville Neighborhood Association. (DX85-88.) 84. Mr. Fava testified that the “biggest problem” in the Washingtonville neighborhood was gangs, and that other problems included crimes such as prostitution, drug sales, stabbings, assaults and burglaries. (T. 595:19-596:16 (Fava)). 85. There is no evidence in this record or in the records of the Police Department that were produced at trial linking any of this activity to day laborers. 86. Mr. Fava testified that these types of criminal activity were concentrated not just at Columbus Park but also at Pape’s Park and the intersection of Madison Street and Old White Plains Road. (T. 595:8-13, 598:25-599:12 (Fava)). 87. Although the Mayor testified at trial that he had received numerous complaints from neighborhood residents concerning incidents urination, defecation, drug use, littering and increased traffic, his contemporaneous public comments were otherwise. From the time the Site opened in August of 2004 until September of 2005, the Mayor repeatedly stated that he had not received any complaints about the day laborers in Columbus Park from residents or police, and expressed satisfaction with the way the site was operating. (DX 84 at JD0001, DX 86 at MK00189, DX 87 at MK00246). 88. Although Chief Flynn and his Executive Lieutenant, James Gaffney, testified at trial that the Village had received numerous, often repeated, complaints about the conduct of the day laborers, the Police Department Log reflects very few such complaints. At a January 2006 meeting of a task force created to address issues relating to day laborers (the “Day Laborer Task Force”), Sgt. Ferraro reported that, despite claims of increased numbers of laborers at the Site, “there had not been more problems.” (DX 88.) 89. To the extent Village officials did receive complaints from residents concerning the behavior of the day laborers, the Village took no steps to investigate and determine whether those complaints were genuine and/or whether they were motivated, consciously or unconsciously, by racial animus towards the day laborers. (T. 728:19-22 (Trifiletti), 466:1-6 (Flynn)). VI. THE VILLAGE CLOSES THE DAY LABORER SITE IN THE COLUMBUS PARK PARKING LOT 90. In or about December 2005, a day laborer hiring site in New Rochelle closed for the winter months. 91. Janet Rolon’s records (the only source of hard information) show that the number of day laborers coming to the Site increased from an average of 25 laborers in November 2005 to an average of 27 day laborers in December 2005 and an average of 39 in January, 2006. Rolon’s records show that the largest number of day laborers who came to the Site after the closure of the New Rochelle site was 39. (PX83 at JD0228; PX84 at JD0565). 92. At a January 23, 2006 Board of Trustees meeting, Trustee Joseph Angil-letta proposed that the Columbus Park day laborer hiring site be closed down. (DX56-57; T. 634:2-4 (Angilletta)): 93. Trustee Angilletta’s stated reasons for proposing that the Site be closed were (a) there had been an increase in the number of day laborers using the Site, and (b) that the majority of the workers at the Site were now non-residents who were coming to the Village as a result of the closure of a day laborer hiring site in neighboring New Rochelle. (DX55-56; T. 632:13-634:17 (Angilletta)). 94. Village officials were aware that the New Rochelle site had closed for the season and would reopen in March. (T. 675:15-19 (Murphy); PX5 at MK00456). 95. Trustee Angilletta’s claims regarding the number and residency of the day laborers at the Site were based solely on statements that were made to him by Tony Fava. (T. 632:25-634:8 (Angilletta); DX 56.) 96. Mr. Fava has been and remains a vocal opponent of the presence of day laborers in and around the Columbus Park areas (DX88 at MKD0141; PX98; PX99; T. 563:20-565:1 (Fava); 419:23-420:1 (Gaff-ney)). 97. Mr. Fava attended several meetings of the Day Laborer Task Force. At one meeting, held on January 19, 2006, he (a) warned members of the task force about the “serious penalties against knowingly employing illegal immigrants and helping them in certain other ways” (T. 563:20-565:1 (Fava); PX 22), and (b) expressed concern that the day laborers in Columbus Park “could be sex offenders,” and that this might violate a recently enacted state law (T. 565:2-566:16 (Fava); PX22). 98. There is no evidence that any day laborer is or ever was a sex offender. 99. Almost every morning between mid-December 2005 and January 7, 2006, Mr. Fava took photographs of the day laborers at the parking lot in Columbus Park, ostensibly for the purpose of creating an accurate record of the number of workers utilizing the area. (T. 561:23-562:22, 578:12-579:18 (Fava); PX 98). 100. Mr. Fava’s photographs show between eight and twenty-four laborers seeking work in the parking lot on any given day. (DX101.) 101. As noted above, the Hispanic Resource Center’s records indicate that the number of day laborers gathering in the parking lot to seek work during November and December 2005 was at a seasonal low, with an average of 25 laborers using the parking lot each day in November and 27 using it each day in December. These numbers are nearly identical to the prior winter’s averages of 28 laborers using the parking lot each day in November 2004 and 24 day laborers using it each day in December 2004. (PX83 at JD0228.) 102. The Hispanic Resource Center’s records indicate that the number of day laborers utilizing the site each day began to increase in January 2006 — -just as it had in January 2005 — to an average daily number of 39 laborers, with a high of 62 day laborers. (PX84 at JD0565, PX83 at JD0228). This, of course, is well below the numbers being bandied by Mr. Fava, May- or Trifiletti and Trustee Angilletta. 103. Ms. Rolon, the Hispanic Resource Center’s Site coordinator, determined that the majority of day laborers utilizing the site were residents of Mamaroneck. (T. 118:5-12 (Rolon); Rolon ¶ 22.) 104. The resolution to close the parking lot as a day laborer hiring site was not on the agenda for the Board of Trustees Meeting on January 23, 2006. (T. 675:20-676:1 (Murphy)). 105. It was unusual for the Board of Trustees to vote on a resolution that had not been placed on the agenda. (T. 675:20-676:23 (Murphy)). 106. At the meeting, Trustee Thomas Murphy questioned the legality of the proposed resolution, and testified that he believed that the better course of action would have been to put it on the agenda for a subsequent meeting and allow for public comment. (T. 676:12-17 (Murphy)). 107. Representatives of the Hispanic Resource Center were not present at the January 23, 2006 meeting and were unaware of Trustee Angilletta’s resolution. (DX56.) 108. By a vote of 3-2 the Village Board of Trustees passed a resolution stating: RESOLVED, that the day laborer’s site at Columbus Park be closed as of February 1, 2006 to April 1, 2006, and will remain closed until further notice, based upon the response and participation of the Village of Mamaroneck’s neighboring communities in opening up a day laborer hiring site (DX56 at p. 14). Mayor Trifiletti and Trustee Murphy voted against the resolution. 109. The intent and the effect of the resolution was that neither day laborers nor contractors would be able to use the parking lot as a day laborer pick up Site. (PX5, PX23, DX77, Rolon ¶ 23.) 110. The decision to close the Site was motivated by the uncorroborated complaints of residents of the Washingtonville community (like Fava) and businesspeople in the area (like Marni Ranani-Nigro). 111. Following the January 23, 2006 Board meeting, Trustee Angilletta made public comments comparing day laborers to “locusts,” stating that they “are takers. They come in here and take, and they won’t ever give back to the community.” (T. 636:24-637:21 (Angilletta)). 112. Trustee Angilletta testified that his comments were directed at day laborers from outside the village, who were coming into the Village in larger numbers. However, the hard evidence — whether from Janet Rolon’s notes or Tony Fava’s photographs — does not bear out Angillet-ta’s ex post facto contention that large numbers of day laborers were flocking to the Village from other municipalities; indeed, Rolon’s numbers indicate that there were no more day laborers in Mamaroneck during December 2005 and January 2006 than there were in December 2004 and January 2005. Therefore, his testimony about the reason for and target of his remarks is not credible. 113. During the debate regarding whether to close the Site at Columbus Park, Trustee Paonessa complained that Westchester County was not helping the Village monetarily with a site nor were there sponsored sites in the Town of Ma-maroneck or the Village of Larchmont. (PX5 at MK00457.) 114. Just a few weeks later, the County offered a site on County land in front of the County-owned Mamaroneck Waste Water Treatment Plant, and expressed willingness to work through any problems with the proposal. The County’s proposed site was on West Boston Post Road (U.S. Route 1, a heavily-traveled road), at the entrance to Harbor Island Park. (Tr. 649-50, DX 75.) However, the Village rejected the offer by a vote of 4-1. (PX3-4, DX63.) The ostensible reasons for rejecting the County’s proposal included concerns about the elimination of parking spaces and the fact that Harbor Island Park was used on weekend mornings by more than 700 children to play baseball, soccer and other sports. (Tr. 649-51, EDX 62, DX 76.) VII. A RESURGENCE OF LAW ENFORCEMENT ACTIVITY AFTER THE SITE IS CLOSED PREVENTS THE DAY LABORERS FROM OBTAINING WORK 115. In conjunction with the Board of Trustees resolution closing the Site, the Police Department issued an internal order to close the parking lot as a pick-up point and referred to the parking lot in a later order as “the closed Day Laborer site.” (PX23, DX5.) 116. Although Lieutenant Gaffney, the author of the Police Department order, claimed that he did not actually believe that the Site would be closed to hiring, he did not communicate his purported belief to the officers assigned to the Site (T. 412:4-413:6 (Gaffney)). Instead, shortly after February 1, 2006, the Village posted three signs around Columbus Park stating “THIS IS NO LONGER A DAY LABORER HIRING SITE.” (T. 33:10-21 (Viera); 413:14-414:9 (Gaffney); 448:25-450:7 (Flynn); PX91.) 117. The Village also stationed two police officers at the site, and police officers handed out flyers in Spanish to day laborers advising them that the Park was no longer a hiring site. (PX23; PX93; T. 488:6-9 (Ferraro)). 118. The police presence at Columbus Park and the posting of the signs was done at the direction of the Board of Trustees (T. 488:3-5 (Ferraro); DX 40). 119. Police Chief Flynn directly supervised the police initiative in Columbus Park during this period (T. 412:23-25 (Gaffney)). 120. On or immediately after February 1, 2006, the Village stationed police vehicles at either end of Van Ranst Place, sometimes with lights flashing. (T. 450:15-18 (Flynn); Rolon ¶ 26; Doe No. 3 ¶ 4.) 121. The number of day laborers utilizing Columbus Park decreased shortly after the Village closed the site. (T. 33:3^4, 61:13-15 (Viera); PX84 at JD0565; PX86 at JD0572.) 122. The day laborers first returned to the part of Van Ranst Place where they had gathered previously. (T. 33:22-25 (Vi-era); 450:10-12 (Flynn), 793:13-18 (Git-litz); Rolon ¶ 24.) 123. However, Village police discouraged workers from seeking work not only at the parking lot but from anywhere along Van Ranst. (Rolon ¶¶ 27-28; Doe No.l ¶¶ 10-11, Doe No. 6 ¶¶ 6-8, Doe No. 3 ¶ 6, Doe No. 8 ¶ 10.) 124. Examples include the following: 5 John Doe No. 8 was threatened with arrest if he remained in the area. (Doe No. 8 ¶ 10.) 6 John Doe No. 4 was threatened with a ticket if he did not move from the intersection of Van Ranst Place and Ma-maroneck Avenue. He was also told that he could not be near Columbus Park nor on Mamaroneek Avenue because the area was no longer a place for day laborers to seek work. (Doe No. 4 ¶ 6.) 7 Some time after the incident described above, John Doe No. 4 was again threatened with a ticket if he did not move from the place he was drinking coffee, alone, on Mamaroneek Avenue. (Doe No. 4 ¶ 7.) 8 John Doe No. 3 was told to leave the area of Columbus Park because the owners of the construction site and the rest of the community did not want to see him in the Park anymore. (Doe No. 3 ¶ 6.) 125. Police officers at either end of Van Ranst Place discouraged contractors from driving down Van Ranst Place to pick up workers. (Doe No. 3 ¶ 5, Doe No. 1 ¶¶ 4, 7.) 126. Tony Fava, in addition to being the head of the Washingtonville Neighborhood Program, is also a Village Traffic Commissioner. (T. 568:16-18 (Fava)). 127. On February 8, 2006 — one week following the closure of the Site — Mr. Fava made a motion to amend the Village traffic code by making Sheldrake Place, which leads onto Van Ranst Place, a “no-through trucks” street. Fava also seconded a motion designating most portions of Van Ranst Place as “no standing.” (PX97 at MK06273, MK06277; T. 569:17-571:23 (Fava)). 128. The “source of complaint” listed on each of these motions was the Chief of Police. (PX97 at MK06270, MK06274.) 129. On March 13, 2006, the Village Board of Trustees passed a resolution adopting Mr. Fava’s proposed change. (PX61 at pp. 11-12.) 130. Van Ranst Place was a “no-through trucks” street prior to March 2006, but the Village did not put up signs warning of this prohibition until after the hiring site was closed in 2006. (T. 416: 4-7 (Gaffney); 450:19-23 (Flynn); DX47 at MK06274, DX48; DX52.) 131. The Village’s contention that these actions had nothing to do with the day laborers is not credible in view of the totality of the evidence. 132. Both Chief Flynn and Lieutenant Gaffney claim to have believed that putting up the signs would not prevent trucks from coming onto Van Ranst Place to pick up day laborers, but neither officer informed the officers assigned to the site that pick-ups were still permitted. (T. 416:4-417:4 (Gaffney), 451:18-452:1 (Flynn)). 133. Although Chief Flynn testified that he did not believe that the Board of Trustees’ resolution prohibited contractor vehicles from stopping to pick up day laborers (T. 451:18-23 (Flynn)), he never advised police officers that that was the case (T. 451:24^152:1 (Flynn)). Instead, Chief Flynn specifically directed his subordinates that commercial vehicles that stop in Columbus Park — i.e. vehicles picking up day laborers — should be brought to the harbor and subjected to Department of Transportation safety inspections, which are extensive and time-consuming. (PX 69; (DX27)). 134. Prior to this, Chief Flynn had never provided direction as to where officers should find vehicles for safety inspections, nor had officers outside the traffic unit, such as Sgt. Ferraro, ever been involved in taking vehicles in for safety inspections. (T. 504:20-505:10 (Gerardi)). 135. Chief Flynn’s ostensible reason for the order was that he had received complaints from the mayor and residents about commercial vehicles in unsafe conditions picking up day laborers. (T. 505:11-16 (Gerardi)). This is not credible. 136. The real reason for the order was to subject contractors picking up day laborers to harassment intended to keep them from picking up day laborers. 137. The effect of the resolution closing the site was immediate and dramatic. During the first 17 work days of January (January 2 through January 21), contractor^) visited the site on 11 days. During the 44 work days from the resolution’s passage until the workers moved to Ma-maroneck Avenue (January 23 through March 15), contractor(s) only came to pick up workers on 6 days. (PX84 at JD0565; PX86 at JD0572; PX87 at JD0578.) 138. On or about March 14, 2006, Chief Flynn came to Van Ranst Place and said to representatives of the Hispanic Resource Center for the first time that workers would not get jobs there. (T. 795:1-14 (Gitlitz)). 139. Almost no contractors picked up day laborers on Van Ranst place for the six-week period that they remained on Van Ranst Place. (T. 34:8-10 (Viera); 794:23-25 (Gitlitz); Doe No. 3 ¶ 3.) 140. On March 14 or 15, the workers moved from Van Ranst Place to Mamaro-neck Avenue. (Rolon ¶ 31; T. 796:18-797:3 (Gitlitz)). VIII. POLICE HARASSMENT OF WORKERS AND CONTRACTORS FROM MID-MARCH 2006 TO THE PRESENT 141. One or two days after the workers moved to Mamaroneck Ave., the police department used two traffic police on motorcycles to establish a checkpoint on Mamar-oneck Ave. between Grand and Sheldrake, one of the major areas day laborers gathered. (T. 110:8-10 (Rolon); 505:17-507:18 (Gerardi); 797:8-18 (Gitlitz); Rolon ¶ 33; Doe No. 4 ¶ 13; PX71; PX72.) 142. The checkpoint remained in operation for over one month (T. 674:22-24 (Murphy); Rolon ¶ 33). 143. This was the first time that the police department had established a checkpoint in that vicinity (T. 508:16:-509:5 (Gerardi); 674:25-675:7 (Murphy); 799:3-12 (Gitlitz)). 144. Contractors’ vehicles were stopped at the checkpoint. (T. 70:18-22 (Rolon); 673:6-21 (Murphy); PX70.) Indeed, as one member of the Village Board of Trustees described it: They chased the guys out of the park and now they are up and down Mamaro-neck Avenue. The police have set up checkpoints at either end of Mamaro-neck Avenue. There are four to six policemen there every morning, stopping every van and truck that goes through. (T. 673:3-21 (Murphy); PX 70). 145. The checkpoint was intended to intimidate contractors and prevent them from picking up the day laborers gathered on Mamaroneck Avenue. 146. The police at the checkpoint for commercial vehicles typically issued citations for safety violations pursuant to portions of the Code of Federal Regulations adopted by the Village in Village Traffic Code sections 328.3 and 328.4. (T. 500:24-501:21 (Gerardi)). 147. Citations under these provisions of the Village Traffic Code appear in the Village’s computer system with the violation description: “Motor Carrier Operates Vehicle in Violation of Safety Rules.” (T. 501:22-502:23 (Gerardi)). 148. Citations for violations of traffic code 328.3 and 328.4 issued between 7 A.M. and 11 A.M. in the Columbus Park area, the period when day laborers would be picked up, were dramatically higher in March and April of 2006 than in previous or subsequent months. (PX 112, DX 23.) In March and April respectively, 207 and 202 citations were issued — as compared with 22 in January, 49 in February, 79 in May, 87 in June, and 50 in July. 149. In conjunction with the checkpoint, the Village stationed several other officers on bicycle and in patrol cars in the Columbus Park area that stopped and ticketed contractors. (T. 152:5-15 (Zuniga), 325:11-326:3 (Lopez); Doe No. 3 ¶ 7; Ro-lon ¶ 34; PX112.) 150. In addition to the two motorcycle police at the traffic checkpoint and additional policemen on bicycle, the Hispanic Resource Center’s records indicate that on an average day in March, there were 3 to 4 police cars in the area of Mamaroneck Avenue. (PX87 at JD0581; JD No. 7 ¶ 9.) 151. During the last week of March 2006, the Village issued 94 traffic tickets to commercial vehicles. (T. 762:19-763:5 (Trifiletti); PX70.) 152. During March and April 2006, the Village issued over 400 tickets to vehicles in the Columbus Park vicinity between the hours of 7 a.m. to 11 a.m., which was between double and quadruple the number of citations issued in prior and subsequent months. (PX112; DX23.) 153. Landscapers and contractors use the types of vehicles that would be classified as commercial vehicles. The record of citations issued for safety violations on Mamaroneck Avenue supports the conclusion that a significant number of the vehicles cited belonged to a landscaping or contracting company. (T. 524:7-13 (Gerar-di); PX 16.) 154. The checkpoint and traffic tickets were part of what the Mayor described to a New York Times reporter as a campaign of “aggressively ticketing the day laborers and the contractors who hire them.” (PX 70; T. 772:1-12, 776:15-21, 777:4-12 (West)). 155. The continued campaign directed at the day laborers manifested itself in many forms of harassment of workers and contractors during this time period, including the following: a. Day laborers were instructed to line up single-file along the outside wall of stores near which they sought work. (T. 35:5-9 (Viera)). b. Day laborers standing or sitting on Mamaroneck Avenue, Jefferson Avenue, and on the sidewalk near the Hess gasoline station were ordered to move from their location, both verbally or with gestures or using a police light. (Doe No. 4 ¶¶ 9-12; Doe No.l ¶ 10; Doe No.6 ¶¶ 10-12; Doe No. 8 ¶¶ 12-14; Doe No. 3 ¶¶ 8-10; Rolon ¶¶ 27-28, 36^0, 42; T. 148:22-25, 149:1-25, 150:1-5, 163:5-19 (Zuniga); 327:1-22, 328:8-19 (Lopez); 619:14-15 (DiRuzza)). The day laborers were not obstructing pedestrian traffic at the times when they were ordered to move by police (T. 174:19-175:12 (Zuniga); 327:23-25, 328:1-5, 20-23 (Lopez); Doe No. 3 ¶ 8; Doe No. 8 ¶ 12.) c. During March of 2006, police told John Doe No. 1 and other Latino men on a nearly daily basis that they could not stand in certain locations on the sidewalk along Mamaroneck Avenue and that they had to keep moving. (Doe No. 1 ¶ 10-11.) d. John Doe No. 8 was ordered to move by Officer DiRuzza on fifteen to twenty occasions. (Doe No. 8 ¶ 13.) e. John Doe No. 3 was threatened with arrest if he remained where he was seeking work on Jefferson Avenue because of the complaints of local business owners about day laborers allegedly scratching their cars. (Doe No. 3 ¶ 8.) f. In March of 2006, while John Doe No. 6 was seated on a park bench in Columbus Park drinking a soda a police officer approached him and instructed him to move because the location where he was seated was where children played. (Doe No. 6 ¶ 9; T. 372: 8-14 (Doe No. 6)). g. One morning in April 2006, John Doe No. 6 was standing on the sidewalk in front of the bakery on Ma-maroneck Avenue with several other Latino day laborers when a police officer approached them and told them they could not stand there. (Doe No. 6 ¶. 10; T. 373:1-4 (Doe No. 6)). h. On another occasion in April, John Doe No. 6 was standing near the Hess gas station when a police officer on a bicycle approached him and told him to move. (Doe No. 6 ¶ 11; T. 373:11-15 (Doe No. 6)). i. Also in April, John Doe No. 6 was standing in front of Don Luis’s Deli with some other day labors when an officer in a patrol car pulled up near to where he and the other Latino day laborers were standing on the sidewalk and instructed them to move. (Doe No. 6 ¶ 12; T. 375:2-6 (Doe No. 6)). j. During the summer golf tournament, John Doe No. 8 was seeking work together with other Latino men on the sidewalk along Mamaroneck Avenue when they were told they had to move from that location. They were also told to find another spot to stand where people cannot see them. (Doe No. 8 ¶ 14.) k. Police officers stared at day laborers for long periods of time and at close proximity, sometimes with one hand on a weapon. (T. 609:18-610:22 (DiRuzza); PX7; Doe No. 4 ¶ 11; Doe No. 3 ¶ 13; Doe No. 1 ¶ 8; Doe No. 6 ¶¶ 7-8; Rolon ¶¶ 27, 39). l. Police parked their vehicles alongside where day laborers sit or stand and flashed their lights. (Doe No. 1 ¶ 4, Doe No. 4 ¶ 9; Rolon ¶ 40; T. 186:6-8 (Candamil)). m. Policemen ticketed contractors as they were about to, or immediately after, they picked up day laborers. (PX8-14; T. 172:24-173:18 (Zuni-ga); 182:9-11, 183:5-19, 183:24-184:24 (Candamil); 279:1-280:11 (E.Garcia); 603:9-608:12 (DiRuzza); Doe No. 1 ¶ 5; Doe No. 6 ¶ 14; Doe No. 8 ¶ 15; Doe No. 3 ¶ 12.) n. As a result, many contractors would quickly drive away as soon as they saw police nearby, not attempting to pick up any laborers at all. (Doe No. 3 ¶ 11; Doe No. 4 ¶ 14; Doe No. 6 ¶ 16.) o. On or about March 17, 2006, John Doe No. 1 was riding in a contractor’s vehicle that was pulled over by the police. John Doe No 1 was detained for approximately one to two hours and asked where he was from before finally being released (Doe No. 1 ¶ 12.) p. One morning during April of 2006, John Doe No. 1 heard a police officer tell a contractor who had picked him up at Van Ranst Place and Ma-maroneck Avenue that the contractor should pick up laborers someplace else (Doe No. 1 ¶ 13.) q. Also in April, John Doe No. 6 observed police harassing a contractor and day laborers by forcing the day laborers that had been picked up by the contractor to exit the contractor’s vehicle, then walk two blocks before re-entering the vehicle. (Doe No 6 ¶ 15; T. 378:4-10 (Doe No. 6)). r. Chief Flynn ordered a police officer to monitor the drop-off of day laborers in the afternoons at Columbus Park to look for traffic violations. (PX6; T. 457:2-458:2 (Flynn)). s. Police waved on contractors that slowed to pick up laborers, telling them to move on. (T. 181:16-21, 359:4-13 (Candamil)). t. When asked by a contractor where it would be acceptable to pick up a day laborer, one police officer responded “how about nowhere.” (T. 185:1-5 (Candamil)). u. Police flashed their lights at the cars and trucks pulling over to pick up laborers, causing the cars to move on without picking up anyone. (Ro-lon ¶ 40; Doe No. 3 ¶ 11; Doe No. 1 ¶ 5.) v. On the day this lawsuit was filed, the Communications Director of the Puerto Rican Legal Defense and Education Fund, was followed out of the Village by a Mamaroneck Village police car after picking up a day laborer to transport him to court. (Garcia ¶¶ 5-10.) 156. Incidents of harassment of day laborers and contractors pursuant to that campaign continue to the present day. (Doe No. 6 ¶ 16; T.180:12-14, 181:19-21, 184: 4-21, 185: 1-14, 186:6-17, 363: 8-365:11 (Candamil)). 157. No evidence in the record suggests that anyone other than the day laborers is subject to the kinds of law enforcement actions that are described in the foregoing two paragraphs. 158. Drivers of vehicles who are not seeking to pick up day laborers are less likely to be subjected to the kinds of law enforcement actions that are described in paragraphs 142 and 143. For example, vehicles stopping to pick up passengers in the Village, or children at their schools, are not given tickets, even if they block a lane of traffic when they stop. (T.31:l-19 (Viera)). The evidence does not show, however, that contractors were ticketed to the exclusion of all other commercial vehicles. 159. The police actions described in paragraphs 137 through 153 were undertaken for the purpose of reducing the number of contractors who would pick up day laborers. 160. The purpose of reducing the number of contractors was to reduce the number of day laborers in the Village of Ma-maroneck. 161. As a result of the Village’s campaign against contractors and day laborers: a. A large number of contractors have stopped picking up day laborers in the Village of Mamaroneek. (T. 119:25-120:5 (Rolon); 182:4-11 (Candamil); 280:19-281:2 (E.Garcia); Doe No. 8 ¶ 15; Doe No. 3 ¶¶ 11-12; Doe No. 6 ¶ 16.) b. A substantial number of day laborers have stopped seeking work in the Village of Mamaroneek. (T. 720:15-18 (Trifiletti); PX 70.) c. Plaintiffs did not get work on some days. (Doe No. 3 ¶¶ 11, 14; Doe No. 4 ¶¶ 6-7, 16; Doe. No. 1 ¶7; Doe No. 1 ¶ 14; Doe No. 6¶ 18-19.) d. Plaintiffs have, on occasion, been deterred from even seeking work. (Doe No. 3 ¶ 14; Doe No. 4 ¶¶ 6-7, 16; Doe No. 6 ¶ 9.) IX: ADDITIONAL FINDINGS OF FACT 162. The John Does are residents of the Village. For as long as they have lived in the Village, they have sought work along Mamaroneek Avenue and other public streets in the Village with other Latino workers. All of the John Does have always been able to gather to solicit work along the public streets of the Village and continued to do so through the time they testified at trial. (Cplt. ¶ 49; TT pp. 818; PX 103, PX 104, PX 105, PX 106, PX 109, PX 110.) 163. All of the John Does, other than John Doe 7 who became disabled in December, 2005, testified at trial that they continue to obtain work to this very day by gathering to solicit work along the public streets in the Village. (TT pp. 250-251, 402-403, 225, 382-384, 386, 267.) 164. None of the John Does has ever been issued a ticket, summons or citation by any Village police officer. (TT pp. 251-252, 403, 225-226, 386-387, 235-236, 269-270.) 165. None of the John Does has ever been arrested or taken into custody by any Village police officer while seeking work in the Village. (TT pp. 252, 404, 226, 387, 236-237, 270.) 166. Janet Rolon’s logs do not contain any notes reflecting complaints from the John Doe plaintiffs concerning the Village police. Nor do her notes include any observation of any untoward activity addressed toward any of the John Doe plaintiffs specifically. Ms. Rolon testified, credibly, that she never heard any Village police officer use any racial or ethnic epithet or speak to a day laborer in a derogatory or offensive manner. (Tr. 125-6) Ms. Rolon also testified, credibly, that: I have never seen police staring at non-Latino groups or individuals, or requiring non-Latino individuals to abandon a park bench in Columbus Park. I have, however, observed police motioning to Latino men or telling them to move when these men weren’t, in fact, day-laborers. These were Latino men simply buying or eating breakfast before they began their regular employment for the day. Even prior to the closing of the hiring site, I sometimes saw police encouraging Latino males in Columbus Park who were not day laborers to enter the parking lot area. (Rolon ¶ 43.) 167. Between January 1, 2006 and July 27, 2006, Officer DiRuzza of the Bike Unit issued 106 traffic summonses. Only five were for obstructing and/or impeding traffic in violation of VTL 1181 and 1202. 168. During the same period, the Village police collectively issued 757 traffic summonses in and around the Columbus Park area and 3,128 traffic summonses Village-wide. (DX 23.) 169. The Mayor and Police Chief have involved themselves in numerous activities relating to the Latino/Hispanic community in Mamaroneck. The Mayor had been involved in inter-community conversations concerning the need for day laborer hiring. 170. None of the 128 day laborers who responded to a survey conducted by Dr. Maria Munoz Kantha and Luis Quiros between April 14 and 24 voiced any complaint about misconduct by Mamaroneck Village police. (DX 83.) However, at a meeting with Mayor Trifiletti in August 2005, the day laborers in attendance — after thanking the mayor and expressing a desire to be good citizens — made a mild complaint about feeling intimidated by the police presence. (T: 782:105) 171. The complaints and purported fears of certain Village residents were motivated, consciously or unconsciously, by racial animus towards the day laborers. 172.Examples of this include the following: a. Despite having no reasonable basis to believe that day laborers were dangerous or violent, Robert Nask, a Village resident who testified at trial, stated that his wife does not feel safe taking their children to the park. (T. 544:11-16 (Nask)). b. Mr. Nask testified that when day laborers approached his truck he believed they were simply looking for work and mistook him for a contractor, yet “I had to stop and put my windows up quickly before one approached, honking the horn to get them out of the way.” (T. 542:6-23 (Nask)). c. Marni Nigro of Nana’s Kids, a Village daycare center located at 615 Mamaroneck Avenue with a rear entrance on Van Ranst Place, testified that Nana’s Kids caters to “professional families.” (T. 546:14-20, 555:8:-17 (Nigro)) and that the presence of day laborers supposedly caused her to lose several families who were “intimidated by the crowds.” (T. 553:24-554:2 (Nigro)). d. Despite having no reasonable basis to believe the day laborers were dangerous or violent, Ms. Nigro requested a police presence when parents dropped of their children. (T. 551:11-24 (Nigro)). e. Village resident Jennifer VonEiff was “very upset” when a day laborer was picked up in her driveway. This incident caused Sgt. Ferraro to put an extra patrol in that location. The mayor personally directed the police to stay on top of the situation, saying he had spoken with Ms. Vo-nEiff who was “very worried she is not safe in her house.” (PX 44.) CONCLUSIONS OF LAW I. STANDING The individual John Doe plaintiffs of course have standing to prosecute this action. However, NDLON does not. To sue on its own behalf, an organization must satisfy the same constitutional standing test that applies to individuals. ILGO v. Giuliani, 143 F.3d 638, 649 (2d Cir.1998). To meet that test, the plaintiff organization must prove that it has suffered an injury in fact, that the injury and the challenged conduct are causally connected, and that the injury will likely be redressed by a favorable decision. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). Because of the injury in fact requirements, an organizational plaintiff must demonstrate that it has more than simply “an abstract concern with a subject that could be affected by an adjudication” of the pending case. Simon v. Eastern Ky. Welfare Rights Org., 426 U.S. 26, 40, 96 S.Ct. 1917, 48 L.Ed.2d 450 (1976). Moreover, an organization lacks standing to sue in its own right as a result of injuries that are not fairly traceable to the defendant. Bennett v. Spear, 520 U.S. 154, 162, 117 S.Ct. 1154, 137 L.Ed.2d 281 (1997). In Fair Housing Council of Suburban Philadelphia v. Montgomery Newspapers, 141 F.3d 71, 78 (3d Cir.1998), the Court of Appeals held that an advocacy group’s allocation of resources to review allegedly discriminatory advertisements did not confer standing because the organization failed to prove that it would not have undertaken the same actions in the absence of the allegedly illegal acts by the defendants. See also Assn. for Retarded Citizens of Dallas v. Dallas County Mental Health & Mental Retardation Center Bd. of Trustees, 19 F.3d 241, 244 (5th Cir.1994) (“the mere fact that an organization redirects some of its resources to litigation and legal counseling in response to actions or inactions of another party is insufficient to impart standing upon the organization.... ”). An organization cannot manufacture injury in fact by bootstrapping the expenditure of resources on the lawsuit in which it alleges that it has standing. Spann v. Colonial Village, Inc., 899 F.2d 24, 27 (D.C.Cir.1990). Under these settled principles, NDLON lacks standing to pursue this action on its own behalf. The injury complained of in the complaint is the injury to the John Does by virtue of the limitation on their ability to seek work in the Village of Mamaroneck. NDLON has, of course, devoted itself to championing the rights of day laborers throughout the United States, but that alone does not confer standing on the group, because that is the reason NDLON exists — to advocate on behalf of day laborers, and to work for the repeal or invalidation of laws that restrict the ability of day laborers to solicit employment. So NDLON alleges that it has expended “substantial” resources to respond to the escalation of police enforcement in Mamar-oneck, and that its staff members have repeatedly met with all parties in Mamaro-neck. The resources utilized by NDLON in this case were time and expenses for both Mr. Newman and Mr. Fernando Pacheco (NDLON’s East Coast Coordinator) to travel to the Village to meet with day laborers to discuss day laborer issues in the Village — including issues relating to this lawsuit — and to meet with people in Mamaroneck three or four times in connection with the de-designation of the Parking Lot Site. NDLON claims that defendants’ actions have caused it to divert its resources from other projects to this project. It does not quantify the amount of the “diversion,” but it does not include any litigation costs, since NDLON is being represented for free. NDLON’s entire reason for being is to pursue the sort of advocacy (including advising day laborers, advocating for them vis a vis municipalities, and instituting litigation) that it has pursued in this case. This is how the organization expends its resources. It thus stands to reason that spending staff time and resources on day laborer advocacy and advice does not work any injury to the organization. If all that an advocacy group like NDLON needed to prove to establish injury in fact were a “diversion” of resources away from an equivalent project in Santa Fe or Birmingham, then an advocacy organization would always have standing, because any money it expends on a project in location X could as easily have been expended on an identical project in location Y. The fact that the organization chose to support the Mamaro-neck day laborers means that it cannot support the day laborers in some other city, that does not translate into an injury to NDLON caused by defendants. NDLON simply made a choice about where and how to spend its limited resources. It is simply not the case that, as a result of defendants’ actions, NDLON has devoted resources to the day laborer situation in Mamaroneck “above and beyond what it would have in the ordinary course of business,” because the ordinary course of business for NDLON is responding to the ever-changing situations in the localities on which it has chosen to focus. Havens Corp. v. Coleman, 455 U.S. 363, 102 S.Ct. 1114, 71 L.Ed.2d 214 (1982) or Ragin v. Harry Macklowe Real Estate Co., 6 F.3d 898 (2d Cir.1993) — cases NDLON relies on to support its claim of standing — are not to the contrary. Both cases involved suits by organizations under the Fair Housing Act. In Havens Corp., the organizational plaintiff, HOME, provided counseling and referral services to low and moderate income persons who were looking for housing. The Supreme Court held that the defendant’s racially discriminatory practices “perceptibly impaired” the organizational plaintiff HOME’S ability to provide those counseling and referral services. Id. at 378, 102 S.Ct. 1114. Similarly, in Ragin, the Second Circuit upheld the district court’s conclusion that identifying and counteracting the defendant’s racially discriminatory advertising practices diverted the organizational plaintiff OHC’s attention from its