Robert BERY, James Albert Harris, Anne Reiss, Ricardo Antonio Pascual, Artists for Creative Expression on the Sidewalks of New York City, Robert Lederman, Jodi Bogus, Knut Masco, Alexis Portilla and Arthur Robins, Plaintiffs-Appellants,
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 & Recreation; Marilyn Gelber, Commissioner of the New York City Department of Environmental Protection of the City of New York; 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-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued April 26, 1996.
Decided October 10, 1996.
Attorney(s) appearing for the Case
Noah A. Kinigstein, New York City, Carol Novack, New York City, for Bery Plaintiffs-Appellants.
Wayne A. Cross, New York City (Randall M. Fox, New York City, Dewey Ballantine, New York City ), for Lederman Plaintiffs-Appellants.
Elizabeth I. Freedman, New York City (Paul A. Crotty, New York City, Corporation Counsel of the City of New York, Leonard Koerner, Robin Binder, Assistant Corporation Counsel), for Defendants-Appellees City of New York.
(Marjorie Heins, Arthur Eisenberg, New York City, for Amici Curiae American Civil Liberties Union, New York Civil Liberties Union, The New York Foundation for the Arts and The New York City Arts Coalition.)
(Gloria C. Phares, Geoffrey L. Thomas, Marc E. Kenny, Paul, Hastings, Janofsky & Walker, New York City, for Amici Curiae Chuck Close, Ronald Feldman, David Hammons, Hans Haacke, Jenny Holzer, Lucy Lippard, Claes Oldenburg, Irving Sandler, Simon Schama, Coosje Van Bruggen, The College Art Association, The Museum of Modern Art and The Whitney Museum of American Art.)
(Shelly S. Friedman, Irving J. Gotbaum, Scott E. Goldsmith, Freedman & Gotbaum, New York City, for Amici Curiae The Fifth Avenue Association, Inc., The Alliance for Downtown New York, Inc., The Grand Central Partnership, Inc., The 34th Street Partnership, Inc., The Madison Avenue Business Improvement District and The Soho Alliance.)
Before VAN GRAAFEILAND and MAHONEY, Circuit Judges, and CARTER, District Judge.
United States Court of Appeals, Second Circuit.
ROBERT L. CARTER, District Judge:
Appellants Robert Bery et al. (94 Civ. 4253) and Robert Lederman et al. (94 Civ. 7216), in separate actions below, sought by motions for a preliminary injunction to enjoin enforcement of the General Vendors Law, § 20-452 et seq. of the Administrative Code of the City of New York ("General Vendors Law"), which bars visual artists from exhibiting, selling or offering their work for sale in public places in...
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