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CHURCH OF AMER. KNIGHTS OF KU KLUX KLAN v. KERIK

No. 99 Civ. 10635(HB).

232 F.Supp.2d 205 (2002)

CHURCH OF THE AMERICAN KNIGHTS OF THE KU KLUX KLAN, et al., Plaintiffs, v. Bernard KERIK, et al., Defendants.

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

November 19, 2002.

Attorney(s) appearing for the Case

Norman Siegel, Arthur N. Eisenberg, Beth Haroules, New York Civil Liberties Union Foundation, New York City, for Plaintiffs.

Rachel Bess Goldman, Michael D. Hess, Corp. Counsel of City of New York, New York City, for Defendants.

OPINION & ORDER

BAER, District Judge.

Plaintiff Church of the American Knights of the Ku Klux Klan ("American Knights") brings this action for a declaratory judgment and a permanent injunction declaring New York Penal Law § 240.35(4), which prohibits the wearing of masks at public gatherings, unconstitutional under the First Amendment. In response, defendants Bernard Kerik, former Commissioner of the New York City Police Department, and the...

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