CHILDREN FIRST FOUNDATION, INC. v. FIALA

Docket No. 11-5199-cv.

790 F.3d 328 (2015)

CHILDREN FIRST FOUNDATION, INC., Plaintiff-Appellee, v. Barbara J. FIALA, in her official capacity as Commissioner of the New York State Department of Motor Vehicles, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 22, 2015.


Attorney(s) appearing for the Case

Jeremy D. Tedesco , ( Jeffrey A. Shafer , David A. Cortman , James P. Trainor , Kevin Theriot , on the brief), Alliance Defense Fund, Scottsdale, AZ, for Appellee.

Zainab A. Chaudhry , ( Andrea Oser , Barbara D. Underwood , Solicitor General, on the brief) for Eric T. Schneiderman , Attorney General for the State of New York, Albany, N.Y., for Defendant-Appellant.

Before: POOLER, HALL, and LIVINGSTON, Circuit Judges.


A program offered by New York's Department of Motor Vehicles (the "DMV" or "Department") permitted not-for-profit organizations to sponsor "custom" license plates bearing a picture or logo representing their group. Children First Foundation, Inc. ("CFF"), a nonprofit organization dedicated to promoting adoption, applied for...

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