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BEAL v. STERN

Docket No. 97-9218.

184 F.3d 117 (1999)

Irvin Dana BEAL and Robert B. MacDonald, Plaintiffs-Appellants, v. Henry STERN, in his official capacity as Commissioner, New York City Department of Parks and Recreation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 9, 1999.

Attorney(s) appearing for the Case

Richard L. Wilson, Law Office of Richard L. Wilson, Orlando, Florida (Dorothy M. Weber, Shukat, Arrow, Hafer & Weber, New York, New York, of counsel), for Plaintiffs-Appellants.

Elizabeth I. Freedman, City of New York Law Department, New York, New York (Michael D. Hess, Corporation Counsel of the City of New York; Francis F. Caputo, Virginia Waters, City of New York Law Department, New York, New York, of counsel), for Defendant-Appellee.

Before: WINTER, Chief Judge, CALABRESI, Circuit Judge, and KNAPP, District Judge.

WINTER, Chief Judge.

Irvin Dana Beal and Robert B. MacDonald appeal from Judge Sprizzo's denial of their motion for a preliminary injunction. They seek to prohibit the New York City Department of Parks and Recreation (the "Parks Department") from enforcing certain restrictions on assemblies and rallies contained in provisions of Chapter 1 of Title 56 of the Rules of the City of New York ("RCNY" or the "Rules"). Appellants challenge these provisions as facially impermissible...

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