The GREATER NEW YORK METROPOLITAN FOOD COUNCIL, INC., the Advertising Freedom Coalition and the Advertising Club of New York, Inc., Plaintiffs-Appellees,
v.
Rudolph W. GIULIANI, in his official capacity as Mayor of the City of New York, the City of New York, Gaston Silva, in his official capacity as Commissioner of the New York City Department of Buildings and Alfred C. Cerullo, III, in his official capacity as Commissioner of the New York City Department of Finance, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: September 7, 1999.
Decided: October 25, 1999.
Attorney(s) appearing for the Case
Floyd Abrams, Cahill Gordon & Reindel, New York, NY (Jonathan Donnellan, Joel Kurtzberg, Matthew A. Leish, Cahill Gordon & Reindel, Howard B. Tisch, Greater New York Metropolitan Food Council, Inc., on the brief), for Plaintiffs-Appellees.
Elizabeth S. Natrella, Corporation Counsel's Office, City of New York, New York, NY (Michael D. Hess, Corporation Counsel, Leonard J. Koerner, and Deborah Rand, on the brief), for Defendants-Appellants.
Gideon A. Schor, United States Attorney's Office for the Southern District of New York, New York, NY, argued and jointly submitted a brief with Douglas N. Letter, United States Department of Justice, Washington, DC (with Mary Jo White, United States Attorney for the Southern District of New York, David W. Ogden, Acting Assistant Attorney General, and William B. Schultz, Deputy Assistant Attorney General, on the brief), for amicus curiae, United States of America.
Eliot D. Prescott and Jane R. Rosenberg, Assistant Attorneys General, Attorney General's Office, State of Connecticut, Hartford, CT, submitted a brief for amicus curiae, State of Connecticut.
Donald W. Garner, Pepperdine University Law School, Malibu, CA, submitted a brief for amici curiae, American Medical Association, American Heart Association, American Lung Association, American Cancer Society, Center for Science in the Public Interest, Public Citizen, Inc., Medical Society of the State of New York, Protect Our Youth, New York Public Interest Research Group, Project Friend, League of Women Voters of New York State, Campaign for Tobacco-Free Kids, The Diocese of Brooklyn Drug Prevention Program, Smokefree Educational Services, Inc., New York State Occupational Therapy Association, Coalition for Smokefree Harlem, The Heart of Harlem Cardiovascular Disease Prevention Program, Boriken Neighborhood Health Center, Bushwick Community Service Society, New York County Medical Society, Unidos Coalition, New Jersey Gasp, Alliance for SmokeFree Air, Montefiore Medical Center/Albert Einstein Cancer Center.
Arthur N. Eisenberg, New York Civil Liberties Union, New York, NY submitted a brief for amicus curiae, New York Civil Liberties Union.
Richard A. Samp and Daniel J. Popeo, Washington Legal Foundation, Washington, DC submitted a brief for amicus curiae, Washington Legal Foundation.
Before: McLAUGHLIN, CALABRESI and SOTOMAYOR, Circuit Judges.
United States Court of Appeals, Second Circuit.
McLAUGHLIN, Circuit Judge:
BACKGROUND
This appeal stirs up a volatile mix of anti-tobacco legislation, federal preemption and First Amendment limitations upon commercial speech.
In early 1998, New York City enacted Local Law No. 3. It is entitled the "Youth Protection Against Tobacco Advertising and Promotion Act," and is codified as Article 17-A to Title 27, Chapter 1, subchapter 7, of the New York City Administrative Code §§ 27-508.1...
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