Richard R. KREIMER
v.
BUREAU OF POLICE FOR the TOWN OF MORRISTOWN, Jay White, former chief of police, Morristown; J. Rota, D. McKim, D. Widdas, D. Bowerbank, R. Gibbons, Kevin Mulholland, police officers, Morristown, David Manahan, former mayor of Morristown, Norman Bloch, mayor of Morristown, Terrence J. Reidy, Morristown business administrator, Edward A. Taratko, Morris Township business administrator, Barbara Harris, mayor of Morris Township, Joint Free Public Library of Morristown and Morris Township: the library Board of Trustees, Elaine Weil, president of the trustees, Barbara Rice, library director, B. Riesenfeld, Elaine Kissil, Donna Cole, Cathy Prince, Ann McDade, Lois Demsky, library employees, all individually and in their official capacities, Capt. Walter Gensch.
The JOINT FREE PUBLIC LIBRARY OF MORRISTOWN AND MORRIS TOWNSHIP Defendant-Third Party Plaintiff,
v.
TRAVELERS INSURANCE COMPANY, and Travelers Indemnity Company, Third Party Defendants.
The Joint Free Public Library of Morristown and Morris Township, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued February 14, 1992.
Decided March 23, 1992.
Rehearing Denied April 21, 1992.
Attorney(s) appearing for the Case
Clifford W. Starrett, Sheilah O'Halloran, James P. Wyse (argued), Wendy L. Wiebalk, Schenck, Price, Smith & King, Morristown, N.J., for appellant.
Frank Askin (argued), Rutgers School of Law, Constitutional Litigation Clinic, Newark, N.J., Bruce S. Rosen (argued), Andrew E. Anselmi, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, N.J., for appellee.
Eric B. Schnurer, Philadelphia, Pa., John A. Powell, American Civil Liberties Union Foundation, New York City for amicus curiae American Civil Liberties Union and American Civil Liberties Union of New Jersey.
Bruce J. Ennis, David W. Ogden, Theresa Chmara, Jenner & Block, Washington, D.C., for amicus curiae Freedom to Read Foundation.
Stephen S. Weinstein, Valerie L. Riley, Morristown, N.J., for amicus curiae New Jersey Library Ass'n.
Joseph L. Yannotti, Asst. Atty. Gen., Benjamin Clarke, Deputy Atty. Gen., Robert J. Del Tufo, Atty. Gen. of N.J., for the Attorney General, amicus curiae.
David G. Sciarra, Director, Division of Public Interest Advocacy, Isabel McGinty, Asst. Deputy Public Advocate, Wilfredo Caraballo, Public Advocate of New Jersey, for the Public Advocate, amicus curiae.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GREENBERG, Circuit Judge.
This case compels us to resolve questions concerning the breadth of a public library's authority to promulgate and enforce regulations governing the use of its facilities.
The appellee, Richard R. Kreimer, is a homeless man who resides in various outdoor public spaces in Morristown, New Jersey. Kreimer, who was a frequent patron of the Joint Free Public Library...
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