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THE PLAYERS, INC. v. CITY OF NEW YORK

No. 03 CIV. 10155(VM).

371 F.Supp.2d 522 (2005)

THE PLAYERS, INC., d/b/a The Players, Plaintiff, v. CITY OF NEW YORK, Eliot Spitzer, In His Official Capacity as Attorney General of the State of New York and Antonia C. Novello, In Her Official Capacity as Commissioner of the New York State Department of Health, Defendants.

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

May 20, 2005.

Attorney(s) appearing for the Case

Kevin T. Mulhearn, Law Office Kevin T. Mulhearn, P.C., Orangeburg, NY, for Plaintiff.

Ave Maria Brennan, Corporation Counsel Office, City of New York, John P. Gasior, Eliot Spitzer, Attorney General of the State of New York, New York City, for Defendants.

DECISION AND ORDER

MARRERO, District Judge.

This case raises a constitutional challenge to smoking restrictions recently adopted by the City of New York (the "City") and the State of New York (the "State") (collectively, "Defendants").1 The State's new restrictions are contained in Chapter 13 of the Laws of 2003 ("Chapter 13"), and the City's new restrictions are contained in Local Law 47 of 2002 ("Local Law 47") (collectively...

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