OGNIBENE v. PARKES

Nos. 09-0994-cv (Lead), 09-1432-cv (Con)

TOM OGNIBENE, YVETTE VELAZQUEZ BENNETT, VIVIANA VAZQUEZ-HERNANDEZ, MARTIN DILAN, MARLENE TAPPER, ROBERT PEREZ, FRAN REITER, SHEILA ANDERSEN-RICCI, MARTINA FRANCA ASSOCIATES, LLC, REITER/BEGUN ASSOCIATES, LLC, DENIS GITTENS, OSCAR PEREZ, KING'S COUNTY COMMITTEE OF THE NEW YORK STATE CONSERVATIVE PARTY, and NEW YORK STATE CONSERVATIVE PARTY, Plaintiffs-Appellants, v. JOSEPH P. PARKES, S.J., in his official capacity as Chairman of the New York City Campaign Finance Board, DALE C. CHRISTIANSEN, JR., in his official capacity as Member of the New York City Campaign Finance Board, KATHERYN C. PATTERSON, in her official capacity as Member of the New York City Campaign Finance Board, MARK S. PIAZZA, in his official capacity as Member of the New York City Campaign Finance Board, MARK DAVIES, in his official capacity as Executive Director of the New York City Conflicts of Interests Board, MONICA BLUM, in her official capacity as Member of the New York City Conflicts of Interests Board, STEVEN ROSENFELD, in his official capacity as Member of the New York City Conflicts of Interests Board, ANDREW IRVING, in his official capacity as Member of the New York City Conflicts of Interests Board, ANGELA M. FREYRE, in her official capacity as Member of the New York City Conflicts of Interests Board, and MICHAEL McSWEENY, in his official capacity as Acting City Clerk of New York City, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 21, 2011.


Attorney(s) appearing for the Case

JAMES BOPP, JR. , Bopp, Coleson & Bostrom, Terre Haute, IN, for Plaintiffs-Appellants.

JANE L. GORDON , Senior Counsel ( Edward F.X. Hart , Jonathan Pines , Lisa F. Grumet , Andrew J. Rauchberg , on the brief), Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.

Judge Calabresi and Judge Livingston concur in separate opinions.


PAUL A. CROTTY, District Judge.

Appellants seek declaratory and injunctive relief, alleging that recently-enacted amendments to the New York City Administrative Code, commonly known as the "pay-to-play" rules, violate the First Amendment to the U.S. Constitution by unduly burdening protected political speech and association, the Fourteenth Amendment by denying equal protection of the laws, and the Voting Rights Act, 42 U.S.C. § 1973.3

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