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TUNICK v. SAFIR

Docket No. 99-7823

209 F.3d 67 (2000)

Spencer TUNICK, Plaintiff-Appellee, v. Howard SAFIR, in his official capacity as the Police Commissioner of the City of New York, and the City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 24, 2000

Dissent Filed: April 13, 2000.

Attorney(s) appearing for the Case

Ronald L. Kuby, New York, N.Y. (Daniel M. Perez, Law Offices of Ronald L. Kuby, Arthur Eisenberg, Norman Siegel, Christopher Dunn, New York Civil Liberties Union Foundation, on the brief), for Plaintiff-Appellees.

Stephen J. McGrath, Deputy Chief, Appeals Division, Corporation Counsel of the city of New York, New York, N.Y. (Michael D. Hess, Corporation Counsel of the City of New York, Leonard Koerner, Alan Beckoff, of counsel, on the brief), for Defendants-Appellants.

Before: VAN GRAAFEILAND, CALABRESI, and SACK, Circuit Judges.

CALABRESI, Circuit Judge:

Defendants Howard Safir, in his official capacity as the Police Commissioner of the City of New York, and the City of New York (collectively "the City") appeal from the grant of a preliminary injunction by the United States District Court for the Southern District of New York (Harold Baer, Jr., Judge). The district court prohibited the City from interfering with a proposed photo shoot of 75 to 100 nude models arranged in an abstract...

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