PAULSEN v. LEHMAN

No. CV 90-2942 (ADS).

745 F.Supp. 858 (1990)

Mitch PAULSEN, Plaintiff, v. Orin LEHMAN, in his official capacity as Commissioner of the New York State Office of Parks, Recreation and Historic Preservation, and the New York State Office of Parks, Recreation and Historic Preservation, Defendants.

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

August 29, 1990.


Attorney(s) appearing for the Case

Clifton Budd & DeMaria, New York City by Brian J. Clark and Kevin J. McGill, for plaintiff.

Robert Abrams, Atty. Gen. of State of N.Y., New York City by Ira Halfond, for defendants.


MEMORANDUM AND ORDER

SPATT, District Judge.

At issue in the plaintiff's application for a preliminary injunction is whether the defendants' denial of the plaintiff's request to distribute noncommercial religious pamphlets in a limited area of Jones Beach State Park comports with the First Amendment to the United States Constitution. The Court concludes that the defendants' action in denying a limited permit to the plaintiff is constitutionally impermissible...

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