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KREIMER v. BUREAU OF POLICE FOR TOWN OF MORRISTOWN

No. 90-554(HLS).

765 F.Supp. 181 (1991)

Richard R. KREIMER, Plaintiff, v. BUREAU OF POLICE FOR the TOWN OF MORRISTOWN, et al., Defendants.

United States District Court, D. New Jersey.

May 22, 1991.

Attorney(s) appearing for the Case

Clifford W. Starrett, Schenk, Price, Smith & King, Morristown, N.J., for Morristown Library.

Bruce S. Rosen, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, N.J., for Richard R. Kreimer.

Deborah A. Ellis, American Civil Liberties Union of New Jersey, Newark, N.J.

OPINION

SAROKIN, District Judge.

A public library has enacted a regulation which is admittedly aimed at barring a particular homeless person from its premises because his presence and appearance are considered offensive to others. The danger in excluding anyone from a public building because their appearance or hygiene is obnoxious to others is self-evident. The danger becomes insidious if the conditions complained of are borne of poverty.

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