HOP PUBLICATIONS, INC. v. CITY OF BOSTON

No. CIV.A.01-11536-DPW.

334 F.Supp.2d 35 (2004)

HOP PUBLICATIONS, INC., William Dean Wallace, the Weekly Dig, LLC, and the Improper Publications, Inc., Plaintiffs, v. CITY OF BOSTON, Thomas Menino, in his official capacity as Mayor, Antonia M. Pollack, in her capacity as director of the Environment Department, the Back Bay Architectural Commission, Anthony Gordon, in his capacity as Chairman of the Back Bay Architectural Commission, Defendants.

United States District Court, D. Massachusetts.

August 27, 2004.


Attorney(s) appearing for the Case

Krisna M. Basu, Swampscott, MA, for City of Boston, The Back Bay Architectural Commission, Anthony Gordon, Antonia M. Pollack, Michael J. Galvin, Thomas Menino, Defendants.

Mark W. Batten, Proskauer Rose LLP, Boston, MA, for HOP Publications, Inc., Improper Publications, Inc., The Weekly Dig, LLC, William Dean Wallace, Plaintiffs.

William T. Cuttle, City of Boston Law Department, Boston, MA, for City of Boston, Defendant.

John Devereaux, Office of John R. Devereaux, Boston, MA, for Back Bay Association, Commonwealth Avenue Mall Committee, Friends of Coply Square, Friends of the Public Garden and Common, Inc., Garden Club of The Back Bay, Neighborhood Association of The Back Bay, Beacon Hill Civil Association, Interested Parties.

James C. Heigham, Choate, Hall & Stewart, Boston, MA, for Massachusetts Newspaper Publishers Association, Interested Party.

John Reinstein, America Civil Liberties Union of Massachusetts, Boston, MA, for Boston Phoenix, Inc. The, Stuff Magazine, LLC, The Real Estate Guide, Inc., Plaintiffs.

John G. Swomley, Swomley & Associates, Boston, MA, for HOP Publications, Inc., The Weekly Dig, LLC, William Dean Wallace, Improper Publications, Inc., Boston Phoenix, Inc. The, Stuff Magazine, LLC, The Real Estate Guide, Inc., Plaintiffs.


MEMORANDUM AND ORDER

WOODLOCK, District Judge.

Several newspaper publishers challenge a local ordinance that prohibits the use of newsracks in Boston's Back Bay Architectural District (the "District"). The prohibition is part of an urban planning initiative by which the City of Boston, having successfully banned newsracks from Beacon Hill, now seeks to restrict further the areas of the City in which newsracks may

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