William B. YOUNG, Jr., and Joseph Walley, on behalf of themselves and all other persons who are similarly situated; and Legal Action Center for the Homeless, Plaintiffs-Appellees,
Sheron Gilmore, Plaintiff-Intervenor-Appellee,
v.
NEW YORK CITY TRANSIT AUTHORITY, Metropolitan Transportation Authority of the State of New York, Metro-North Commuter Railroad Company, The Long Island Rail Road Company, The Port Authority of New York and New Jersey, and Robert R. Kiley, as Chairman of the New York City Transit Authority, the Metropolitan Transportation Authority of the State of New York, the Metro-North Commuter Railroad Company, and the Long Island Rail Road Company, and Robert Abrams, as Attorney General of the State of New York, Defendants-Appellants,
Philip D. Kaltenbacher, Chairman, Robert F. Wagner, Sr., Vice-Chairman, Hazel Frank Gluck, James G. Hellmuth, Henry F. Henderson, Jr., William K. Hutchison, Richard C. Leone, Basil Patterson, John G. McGoldrick, William J. Ronan, Howard Schulman, and Robert Van Buren, as the Board of Commissioners of the Port Authority of New York and New Jersey, Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued March 5, 1990.
Decided May 10, 1990.
Attorney(s) appearing for the Case
George Sommers (John E. Kirklin, Geoffrey Potter, Douglas Lasdon, Patrick Horvath, the Legal Action Center for the Homeless, New York City, of counsel), for plaintiffs-appellees.
Adam S. Cohen (Jane E. Booth, Kalman Finkel, Helaine M. Barnett, The Legal Aid Soc., New York City, of counsel), for plaintiff-intervenor-appellee.
Susan E. Weiner (Floyd Abrams, Cahill, Gordon & Reindel, New York City, of counsel), for defendants-appellants New York City Transit Authority, Metropolitan Transportation Authority, Metro-North Commuter R.R., Long Island Rail Road, and Robert R. Kiley.
Joseph Lesser (Arthur P. Berg, Arnold D. Kolikoff, Carlene V. McIntyre, James M. Begley, New York City, of counsel), for defendants-appellants Port Authority of New York and New Jersey and the Com'rs thereof.
O. Peter Sherwood, Sol. Gen. (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Daniel Smirlock, Asst. Atty. Gen., New York City, of counsel), for defendant-appellant Robert Abrams.
Norman Siegel (Robert Levy, Steven Glauberman, the New York Civil Liberties Union Foundation, New York City, of counsel), for amicus curiae New York Civil Liberties Union Foundation.
Before TIMBERS, MESKILL and ALTIMARI, Circuit Judges.
United States Court of Appeals, Second Circuit.
ALTIMARI, Circuit Judge:
The central issue on this appeal is whether the prohibition of begging and panhandling1 in the New York City subway system violates the First Amendment of the United States Constitution. Defendants-appellants New York City Transit Authority ("TA") and Metropolitan Transportation Authority of the State of New York ("MTA") appeal from a judgment entered in the United States District Court for the Southern District...
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