NEW YORK STATE CLUB ASSN. v. NEW YORK CITY

No. 86-1836.

487 U.S. 1 (1988)

NEW YORK STATE CLUB ASSOCIATION, INC. v. CITY OF NEW YORK ET AL.

Supreme Court of United States.

Decided June 20, 1988


Attorney(s) appearing for the Case

Alan Mansfield argued the cause for appellant. With him on the briefs were Angelo T. Cometa and Louis J. Lefkowitz.

Peter L. Zimroth argued the cause for appellees. With him on the brief were Leonard J. Koerner and Fay Leoussis.*

Briefs of amici curiae urging affirmance were filed for the State of New York et al. by Robert Abrams, Attorney General of New York, O. Peter Sherwood, Solicitor General, and Suzanne M. Lyon and Elvia Rosales Arriola, Assistant Attorneys General, joined by the Attorneys General for their respective States as follows: John Van de Kamp of California, W. Cary Edwards of New Jersey, Donald J. Hanaway of Wisconsin, J. Joseph Curran, Jr., of Maryland, Neil F. Hartigan of Illinois, Hubert H. Humphrey III of Minnesota, Dave Frohnmayer of Oregon, James M. Shannon of Massachusetts, Frank J. Kelley of Michigan, and Charles Brown of West Virginia; for the city of Chicago by Judson H. Miner and Ruth M. Moscovitch; for the city of Los Angeles et al. by Pamela A. Albers, and Vanessa Place; for the city and county of San Francisco by Louise H. Renne; for the Licensing Board of the city of Boston by Barbara A. H. Smith; for the American Bar Association by Robert MacCrate and Stark Ritchie; for the Anti-Defamation League of B'Nai B'rith et al. by Jill L. Kahn, Justin J. Finger, and Jeffrey P. Sinensky; for the Committees on Civil Rights and Sex and Law of the Association of the Bar of the city of New York by Robert M. Kaufman, Jonathan Lang, Arthur Leonard, Evelyn F. Cohn, and Kay C. Murray; for the NOW Legal Defense and Education Fund et al. by Sarah E. Burns, Judith I. Avner, and Beverly Gross; and for the U. S. Conference of Mayors et al. by Benna Ruth Solomon, Beate Bloch, and Nancy J. Bregstein.

Briefs of amici curiae were filed for the American Civil Liberties Union Foundation et al. by Burt Neuborne, John A. Powell, Steven R. Shapiro, Isabelle Katz Pinzler, Arthur N. Eisenberg, Paul L. Hoffman, and Judith Resnik; and for the Lawyer's Committee for Civil Rights Under Law by Lloyd N. Cutler, James Robertson, Conrad K. Harper, Stuart J. Land, Norman Redlich, William L. Robinson, and Judith Winston.


JUSTICE WHITE delivered the opinion of the Court.

New York City has adopted a local law that forbids discrimination by certain private clubs. The New York Court of Appeals rejected a facial challenge to this law based on the First and Fourteenth Amendments. We sit in review of that judgment.

I

In 1965, New York City adopted a Human Rights Law that prohibits discrimination by any "place of public accommodation...

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