NATCO THEATRES, INC. v. RATNER

No. 78 Civ. 5391 (GLG).

463 F.Supp. 1124 (1979)

NATCO THEATRES, INC., Plaintiff, v. Bruce RATNER, as Commissioner of Department of Consumer Affairs of the City of New York, Allen G. Schwartz, as Corporation Counsel for the City of New York and Robert McGuire, as Police Commissioner of the City of New York, Defendants.

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

As Amended February 5, 1979.


Attorney(s) appearing for the Case

Kassner & Detsky, New York City, Herbert S. Kassner, New York City, of counsel, Ralph J. Schwarz, Jr., New York City, for plaintiff.

Allen G. Schwartz, Corp. Counsel, New York City, for defendants; Ira L. Blankstein, Joseph I. Lauer, New York City, of counsel.


OPINION

GOETTEL, District Judge:

In this action brought under 42 U.S.C. § 1983, the plaintiff, Natco Theatres, Inc., is challenging the constitutionality of New York City's licensing scheme for motion picture theatres,1 seeking both declaratory and injunctive relief. Plaintiff, the lessee and operator of the Bryant Theatre in New York's Times Square area, has stated its intention of exhibiting "sexually explicit" films....

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