INTERN. SOC. FOR KRISHNA CONSCIOUSNESS, INC. v. NEW JERSEY SPORTS AND EXPOSITION AUTHORITY

No. 81-3051.

691 F.2d 155 (1982)

INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC., and Angus Murphy, on behalf of themselves and all Members of the International Society For Krishna Consciousness, Inc., Appellants, v. NEW JERSEY SPORTS AND EXPOSITION AUTHORITY, William F. Hyland, John Degnan, Clifford Goldman, Michael J. Breslin, Alfred Linkletter, Adrian M. Foley, Jr., and Aubrey Lewis, Members of the New Jersey Sports and Exposition Authority, Individually and in Their Official Capacity, New Jersey State Police, Race Track Unit and Troop "B", John Krusas, Director of Internal Security, Individually and in His Official Capacity, Pinkerton, Inc., and Patrick Malone, Division Manager of Pinkerton, Inc., Individually and in His Official Capacity and Daniel Logatto, Chief of Police of East Rutherford, Individually and in His Official Capacity, the New York Football Giants, Inc. and the Cosmos Soccer Club, Inc., Appellees.

United States Court of Appeals, Third Circuit.

Decided October 15, 1982.

As Amended October 29, 1982.

Opinion on Denial of Rehearing and Rehearing November 16, 1982.


Attorney(s) appearing for the Case

Fisher & Moest, Barry A. Fisher, David Grosz, Robert C. Moest (argued), Larry J. Roberts, Los Angeles, Cal., for appellants.

Zazzali, Zazzali & Kroll, Newark, N. J., for New Jersey Sports & Exposition Authority; James R. Zazzali, Newark, N. J. (argued), of counsel; Kenneth I. Nowak, Newark, N. J., on brief.

Alfred W. Roberts by John Patrick Marshall, Jersey City, N. J., Richard J. Concannon, Paul F. Doyle (argued), Kelley, Drye & Warren, New York City, for New York Football Giants, Inc.

Fischer & Kagan by Jay D. Fischer, Clifton, N. Y., Max Gitter, Paul, Weiss, Rifkind, Wharton & Garrison, and Sidney H. Stein (argued), Stein, Zauderer, Ellenhorn, Friedman & Kaplan, New York City, for Cosmos Soccer Club, Inc.

Before ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge.


Opinion on Denial of Rehearing and Rehearing In Banc November 16, 1982.

OPINION OF THE COURT

WEIS, Circuit Judge.

Invoking the First Amendment, the International Society for Krishna Consciousness, Inc. challenges a policy that prohibits outside organizations from soliciting money at the race track and stadium in the Meadowlands Sports Complex in New Jersey. Although the complex is owned by the state...

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