BERY v. CITY OF NEW YORK

No. 94 Civ. 4253 (MGC), 94 Civ. 7216 (MGC).

906 F.Supp. 163 (1995)

Robert BERY, James Albert Harris, Anne Reiss, Ricardo Antonio Pascual, Artists for Creative Expression on the Sidewalks of New York City, Plaintiffs, v. CITY OF NEW YORK, Rudolph Giuliani, Mayor, City of New York, William Bratton, Chief, New York City Police Department, Robert Morgenthau, District Attorney-New York County, Richard A. Brown, District Attorney-Queens County, William L. Murphy, District Attorney-Richmond County, Charles H. Hynes, District Attorney-Kings County, Robert F. Johnson, District Attorney-Bronx County, Alfred C. Cerullo III, Commissioner of New York City Department of Consumer Affairs, New York City Department of Consumer Affairs, Henry J. Stern, Commissioner, New York City Department of Parks and Recreation, New York City Department of Parks and Recreation, Marilyn Gelber, Commissioner of the Environmental Control Board of the City of New York, Environmental Control Board of the City of New York, Defendants. Robert LEDERMAN, Jodi Bogus, Knut Masco, Alexis Portilla, and Arthur Robbins, Plaintiffs, v. The CITY OF NEW YORK, Rudolph Giuliani, Mayor of the City of New York, in his individual and official capacities, The New York City Police Department, William Bratton, Commissioner of the New York City Police Department, in his individual and official capacities, Department of Consumer Affairs of the City of New York, Alfred C. Cerullo, III, Commissioner of Department of Consumer Affairs of the City of New York, in his individual and official capacities, Environmental Control Board of the City of New York, and Anne J. McCarthy, Executive Director of the Environmental Control Board of the City of New York, in her individual and official capacities, Defendants.

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

October 26, 1995.


Attorney(s) appearing for the Case

Noah A. Kinigstein, Carol Novack, New York City, for plaintiffs Robert Bery, et al.

Dewey Ballantine by Wayne A. Cross, Randall Fox, New York City (Volunteer Lawyers for the Arts, of Counsel), for plaintiffs Robert Lederman, et al.

Paul A. Crotty by Robin Binder, Gabriel Taussig, Corporation Counsel of City of New York, New York City, for defendants.


CEDARBAUM, District Judge.

Does a content-neutral municipal ordinance of general application violate the First and Fourteenth Amendments because it incidentally restricts the sale of art on the sidewalks of New York City? Plaintiffs in these related cases are artists who sell their original paintings on public sidewalks and an artists' advocacy organization. They move for a preliminary injunction prohibiting the enforcement against them of the New York City General...

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