N.Y. CTY. ANCIENT ORDER OF HIBERNIANS v. DINKINS

No. 93 Civ. 0281 (KTD).

814 F.Supp. 358 (1993)

NEW YORK COUNTY BOARD OF ANCIENT ORDER OF HIBERNIANS, Plaintiff, v. David N. DINKINS, individually and in his Capacity as Mayor of New York City; The City of New York, The Police Department of the City of New York, Raymond Kelly, as Police Commissioner of the City of New York, and St. Patrick's Day Parade Committee, Inc., Defendants.

United States District Court, S.D. New York.

February 26, 1993.


Attorney(s) appearing for the Case

Gleason & Mathews, New York City (Ernest L. Mathews, Jr., Maura R. Cahill, Paul H. Hugel, of counsel), for plaintiff.

O. Peter Sherwood, Corp. Counsel of the City of New York, New York City (Florence A. Hutner, Lorna B. Goodman, Asst. Corp. Counsels, of counsel), for defendants David N. Dinkins, The City of New York, The Police Dept. of the City of New York, and Raymond Kelly.

Gilroy Downes Horowitz & Goldstein, New York City (Lawrence C. Downes, of counsel), for defendant St. Patrick's Day Parade Committee, Inc.

Shearman & Sterling, New York City (R. Paul Wickes, Clare O'Brien, of counsel), for intervenors Irish Lesbian and Gay Organization.

New York Civil Liberties Union Foundation, New York City (Norman Siegel, Arthur N. Eisenberg, of counsel), for amicus curiae.

Burlingham Underwood, New York City (John G. Ingram, Philip A. Nemecek, of counsel), for amicus curiae St. Patrick's Society of Brooklyn, St. Patrick's Society of the Borough of Queens, United Irish Counties Ass'n of New York, Inc. and The Grand Council of United Emerald Societies, Inc.

Wilmer, Cutler & Pickering, Washington, DC (Thomas Clark, Gary Born, of counsel), for amicus curiae Religious Coalition and Parade Coalition.

Putney, Twombly, Hall & Hirson, New York City (Norman Fassler, of counsel), for amicus curiae Religious Coalition and Parade Coalition.

Center for Constitutional Rights, New York City (Joan P. Gibbs, Suzanne L. Shende, of counsel), for amicus curiae.


MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

This is one of those unusual cases where the issue presented by all counsel has remained constant and clear. It is the facts surrounding the issue that seem to be in a total state of flux.

Broadly stated, the issue is whether the City of New York ("City") can compel the Ancient Order of Hibernians ("AOH")1, a private and long-standing sponsor of New York's St...

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