ROCK AGAINST RACISM v. WARD

No. 765, Docket 87-7417.

848 F.2d 367 (1988)

ROCK AGAINST RACISM, Plaintiff-Appellant, v. Benjamin R. WARD, in his official capacity as Police Commissioner for the City of New York; George Scarpelli, in his official capacity as Chief of Operations for Department of Parks; Sheldon Horowitz, in his official capacity as Special Events Director for the Department of Parks; Robert Russo, in his official capacity as Assistant Parks Commissioner for Citywide Services, New York City Department of Parks and Recreation; Joseph Killian, in his official capacity as Program Director for the Mall Bandshell of the Bethesda Terrace area of Central Park in the City of New York, Department of Parks and Recreation; Mayor Edward Koch, in his official capacity as the Mayor of the City of New York; and the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 2, 1988.


Attorney(s) appearing for the Case

James H. Fosbinder, Tucson, Ariz. (Julie Fosbinder, of counsel), for plaintiff-appellant.

Peter L. Zimroth (Corp. Counsel for City of New York, Larry A. Sonnenshein, Julian L. Kalkstein, New York City, of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, PRATT, Circuit Judge, and DORSEY, District Judge.


DORSEY, District Judge.

This appeal presents a question of balancing a first amendment right against a municipality's exercise of its police powers.

Facts

The Naumberg Bandshell is an open air public amphitheater on the west side of Central Park in the City of New York. Appellant, Rock Against Racism ("RAR"), is "an unincorporated association which describes itself as `dedicated to the espousal and promotion of antiracist views.'" Rock...

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