TRANSPORTATION ALTERNATIVES v. CITY OF NEW YORK

Docket No. 02-9012.

340 F.3d 72 (2003)

TRANSPORTATION ALTERNATIVES, INC., Plaintiff-Appellee, v. CITY OF NEW YORK and Henry J. Stern, Commissioner of the New York City Department of Parks and Recreation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 8, 2003.


Attorney(s) appearing for the Case

CHRISTOPHER DUNN, New York Civil Liberties Union (Arthur Eisenberg, Donna Lieberman, on the briefs), New York, NY., for Appellee.

SCOTT SHORR (Barry P. Schwartz, on the brief) for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, N.Y., for Appellant.

Before: WALKER, Chief Judge, LEVAL and CALABRESI, Circuit Judges.


LEVAL, Circuit Judge.

This suit, brought against The City of New York and its Commissioner of Parks and Recreation by an organization which conducts events in the City's parks presents a constitutional challenge to the fees charged by the City for such events. The United States District Court for the Southern District of New York (Scheindlin, J.) issued a declaratory judgment that the city's fee-setting scheme for ...

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