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VUGO, INC. v. CITY OF NEW YORK

Docket No. 18-807. August Term, 2018

931 F.3d 42 (2019)

VUGO, INC., Plaintiff-Appellee, v. CITY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 16, 2019.

Attorney(s) appearing for the Case

Ronald J. Riccio ( Steven J. Shanker , Eliott Berman , on the brief), McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York, NY, for Plaintiff-Appellee.

Kathy Chang Park ( Richard Dearing , Claude S. Platton , on the brief), for Zachary W. Carter , Corporation Counsel of the City of New York, New York, NY, for Defendant-Appellant.

Before: Katzmann, Chief Judge, Livingston and Droney, Circuit Judges.

This appeal concerns a First Amendment challenge to nearly twenty-year-old New York City rules that ban advertisements in for-hire vehicles ("FHVs") absent authorization from the Taxi and Limousine Commission (the "TLC" or the "City"). See 35 R.C.N.Y. §§ 59A-29(e)(1), 59B-29(e)(1). A similar rule has applied...

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