BLUE BIRD COACH LINES, INC. v. CITY OF NIAGARA FALLS


53 N.Y.2d 731 (1981)

Blue Bird Coach Lines, Inc., Respondent, v. City of Niagara Falls et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 2, 1981.


Attorney(s) appearing for the Case

Carl E. Mooradian, Corporation Counsel (Bernard Sax of counsel), for appellants.

Patrick J. Berrigan for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Though overbreadth analysis is inapplicable to commercial speech (People v Mobil Oil Corp., 48 N.Y.2d 192, 199), the provisions of the Codified Ordinances of the City of Niagara Falls in question are unconstitutional as applied to plaintiff. Section 315.01 violates the First Amendment because...

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