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OLIVIERI v. WARD

Nos. 1548, 1552, Dockets 85-7509, 85-7511.

766 F.2d 690 (1985)

Michael J. OLIVIERI, J. Matthew Forman, Michael Dillinger, Tom Kohler, Richard Ferrara, Edmund W. Trust, Hugh R. Bruce, John D. Edwards, Joseph Brown, Julius J. Spohn, Bernard L. Tansey, Clint Winant, David Lawlor, Jim Cannon, James Doyle, Ned Lynam, Edward Byrne, Michael Conley, Edward Harbur, Robert J. Buel, Christopher Wesolowski, Gary W. Spokes and Dignity-New York, Plaintiffs-Appellees, Cross-Appellants, v. Benjamin WARD, in his official capacity as Police Commissioner of the City of New York, Edward I. Koch, in his official capacity as the Mayor of the City of New York, and the New York City Police Department, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 28, 1985.

Attorney(s) appearing for the Case

Stephen J. McGrath, New York City (Leonard Koerner, David Drueding, Jonathan L. Pines, Frederick A.O. Schwarz, Jr., Corp. Counsel of City of New York, New York City, of counsel), for defendants-appellants, cross-appellees.

Stuart W. Gold, New York City (Valerie Caproni, Anne E. Verdon, New York City, of counsel), for plaintiffs-appellees, cross-appellants.

Before KEARSE, CARDAMONE and FRIEDMAN, Circuit Judges.

CARDAMONE, Circuit Judge:

Before St. Patrick's Cathedral on New York City's Fifth Avenue is a 250 foot long public sidewalk whose width from the private steps of the Cathedral to the curb of Fifth Avenue is about 25 feet. Plaintiffs are members of a gay and lesbian Catholic group, Dignity-New York, claiming their right to freedom of speech. They seek to place 100 of their members on this sidewalk before the church to conduct a religious demonstration during the annual...

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