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TOBACK v. BRATTON

No. 95 Civ. 1108(WK).

903 F.Supp. 556 (1995)

Jack TOBACK, Brenda Milliner, Solomon Milliner, Plaintiffs, v. William BRATTON, in his official capacity as Police Commissioner of the City of New York, the New York City Police Department, and the City of New York, Defendant.

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

October 25, 1995.

Attorney(s) appearing for the Case

Kevin J. McGill, Clifton, Budd & DeMaria, New York City, for plaintiffs.

Lisa S.J. Yee, Corporation Counsel of the City of New York, New York City, for defendant.

MEMORANDUM AND ORDER

WHITMAN KNAPP, Senior District Judge.

In this case, plaintiffs, street evangelists, are seeking a declaratory judgment and a permanent injunction invalidating Section 10-108 of New York City's administrative code ("Section 10-108") that requires them to pay $29.00 per day for sound amplification permits. Defendants now move for summary judgment. For the reasons that follow, defendants' motion is denied.

BACKGROUND...

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