Plaintiffs–Appellants Romans Chapter Ten Ministries, Inc. (the “Church”), a small evangelical Christian church, and the Church's pastor, Pastor John Amandola (“Amandola”) commenced a civil rights action against defendants-appellees Town of Babylon (the “Town”) and James Namely, the Town's Commissioner of General Services, pursuant to
42 U.S.C. § 1983, alleging,
inter alia, that the Town's revocation of their permit to use a Town facility for religious worship services constituted a violation of their right to freedom of speech under the First and Fourteenth Amendments to the United States Constitution. Plaintiffs also sought a preliminary injunction, pursuant to
Federal Rule of Civil Procedure 65(a), requiring the Town to reinstate their permit to use the Annex for this purpose. The district court denied plaintiffs' motion for a preliminary injunction. Electing to reach the merits of plaintiffs' First Amendment claim, we reverse the district court's order denying the motion for a preliminary injunction and remand for entry of a declaratory judgment in favor of plaintiffs.