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VINCENTY v. BLOOMBERG

Docket No. 06-2106-CV.

476 F.3d 74 (2007)

Lindsey ("Linzie") VINCENTY; Valerie Adams, on behalf of her minor son Kereem Adams; Gino Castignoli, on behalf of his minor daughter Melissa Castignoli; Fernando Carlo; Rhea David, on behalf of her minor daughter Loyette David; Nellie Dumont; and Vincent Schiano, Plaintiffs-Appellees, v. Michael R. BLOOMBERG, Mayor of the City of New York; Peter F. Vallone, Jr., Chair, Committee on Public Safety, New York City Council, in their individual capacities; and the City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: February 1, 2007.

Attorney(s) appearing for the Case

Daniel M. Perez, New York, New York (David Pressman, Kuby & Perez, on the brief), for Plaintiffs-Appellees.

Scott Shorr, Senior Corporation Counsel, New York, New York (Michael A. Cardozo, Corporation Counsel of the City of New York, Ronald E. Sternberg, on the brief), for Defendants-Appellants.

Before: KEARSE, SOTOMAYOR, and B.D. PARKER, Circuit Judges.

KEARSE, Circuit Judge:

The present action arises out of a recent legislative attempt by defendant City of New York ("City") to combat the widespread problem of graffiti vandalism, i.e., the unauthorized placement of graffiti on the property of another. As amended in December 2005, the City's Administrative Code ("Code" or "City Code") prohibits the sale of, inter alia, aerosol spray paint containers and broad tipped indelible markers to persons under 21 years...

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