HICKERSON v. CITY OF NEW YORK

Nos. 96 Civ. 2203(MGC), 96 Civ. 2204(MGC).

997 F.Supp. 418 (1998)

Rachel HICKERSON, et al., Plaintiffs, v. The CITY OF NEW YORK, et al., Defendants. AMSTERDAM VIDEO INC., et al., Plaintiffs, v. The CITY OF NEW YORK, et al., Defendants.

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

March 6, 1998.


Attorney(s) appearing for the Case

New York Civil Liberties Union Foundation, New York City by Beth Haroules, Arthur N. Eisenberg, Norman Siegel, for Plaintiffs Rachel Hickerson, et al.

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, New York City by Herald Price Fahringer, Erica T. Dubno, for Plaintiffs Amsterdam Video Inc., et al.

Jeffrey D. Friedlander, Acting Corporation Counsel of the City of New York, New York City by Albert Fredericks, Gabriel Taussig, Elizabeth Natrella, for Defendants.

Cravath, Swaine & Moore, New York City by Frederick A.O. Schwartz, Jr., David A. Stoll, for Intervenor Times Square Business Improvement Dist.

Dewey Ballantine LLP, New York City by Wayne A. Cross, for Intervenors Center for the Community Interest, et al.


OPINION

CEDARBAUM, District Judge.

Plaintiffs in these two actions move for a temporary restraining order and preliminary injunction staying enforcement of Text Amendment N 950384 to the Zoning Resolution of the City of New York (the "Amended Zoning Resolution"), which regulates the zoning of "adult establishments."1 The motion is denied for the reasons that follow.

In a case in which the moving party seeks to stay governmental...

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