VANGO MEDIA, INC., Plaintiff-Appellee,
v.
The CITY OF NEW YORK; The New York City Department of Health; and The New York City Taxi and Limousine Commission, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued December 10, 1993.
Decided August 26, 1994.
Attorney(s) appearing for the Case
Elizabeth S. Natrella, New York City (Leonard J. Koerner, Pamela Seider Dolgow, Lisa S.J. Yee, O. Peter Sherwood, Corp. Counsel of the City of New York, of counsel), for defendants-appellants.
Nicholas E. Poser, New York City (Michael Krinsky, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., of counsel), for plaintiff-appellee.
Arthur N. Eisenberg, New York City, submitted a brief on behalf of the New York Civil Liberties Union Foundation, as amicus curiae.
Melvin L. Wulf, New York City (Abner S. Greene, Beldock Levine & Hoffman, of counsel), submitted a brief on behalf of Albert Einstein Cancer Center/Montefiore Hosp. Alliance for Smoke-Free Air, American Cancer Soc., NYC Div., American Cancer Soc., Queens Div., American Council on Science and Health, American Heart Ass'n, New York City Affiliate, American Lung Ass'n of New York State, American Lung Ass'n of Queens, Bedford-Stuyvesant Healthy Heart Program, Cancer Prevention Research Institute, Health Watch Information & Promotion Service, New Jersey Group Against Smoking Pollution, New York County Medical Soc., New York Lung Ass'n, Smokefree Educational Services, St. Luke's Roosevelt Hosp. Center, Stop Teenage Addiction To Tobacco, Tri-State Coalition for Responsible Inv., Washington Heights-Inwood Healthy Heart, Women's Medical Ass'n of New York, as amicus curiae.
Before: NEWMAN, Chief Judge, OAKES and CARDAMONE, Circuit Judges.
United States Court of Appeals, Second Circuit.
CARDAMONE, Circuit Judge:
On this appeal we must decide whether federal law preempts a New York City ordinance. The ordinance was enacted for the laudable purpose of calling the public's attention, through the medium of advertising, to the health dangers of smoking. However praiseworthy such purpose, it may not be accomplished by means that are in derogation of a federal statute that, in an effort to avoid the chaos of multiple diverse regulations, bars States and...
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