CHAPIN v. TOWN OF SOUTHAMPTON

No. 78 C 1665.

457 F.Supp. 1170 (1978)

William B. CHAPIN and Long Island Travasuns, Inc., Plaintiffs, v. TOWN OF SOUTHAMPTON, David Gilmartin, Town Attorney of the Town of Southampton in his official capacity, Conrad Teller, Chief of Police of the Town of Southampton, in his official capacity, Defendants.

United States District Court, E. D. New York.

As Amended November 3, 1978.


Attorney(s) appearing for the Case

Kristin Booth Glen, New York City, for plaintiffs.

Scheinberg, Wolf, DePetris, Pruzansky & Mahoney, Riverhead, N. Y., for defendants.


MEMORANDUM AND ORDER

PRATT, District Judge.

Plaintiffs sue on constitutional grounds for declaratory and injunctive relief against Southampton Town Ordinances 1 and 34 which respectively prohibit (1) nudity on "beach areas and in adjacent waters"; and (2) "public bathing" without "suitable bathing dress or covering". Plaintiffs move for a preliminary injunction. However, since there are no substantial questions of fact, the court has ordered that trial of...

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