CHILDREN FIRST FOUNDATION, INC. v. MARTINEZ

Case No. 1:04-CV-0927 (NPM/RFT).

829 F.Supp.2d 47 (2011)

The CHILDREN FIRST FOUNDATION, INC., Plaintiff, v. Raymond P. MARTINEZ, individually, and Barbara J. Fiala, in her official capacity as Commissioner of the New York State Department of Motor Vehicles, Defendants.

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

November 8, 2011.


Attorney(s) appearing for the Case

Alliance Defense Fund, of Counsel, Brian W. Raum, Esq. , Scottsdale, AZ, Alliance Defense Fund, of Counsel, James M. Johnson, Esq. , Shreveport, LA, Alliance Defense Fund, of Counsel, Jeffrey A. Shafer, Esq. , Trainor & Cutler, LLP, of Counsel, James P. Trainor, Esq. , Malta, NY, Washington, D.C., for Plaintiffs.

Harris Beach PLLC, of Counsel, Mark J. McCarthy, Esq. , Albany, NY, for Raymond Martinez.

Hon. Eric T. Scheiderman , Attorney General for the State of New York, of Counsel, Senta B. Siuda, Esq. , Assistant Attorney General, Syracuse, NY, for Barbara J. Fiala.


MEMORANDUM, DECISION AND ORDER

NEAL P. McCURN, Senior District Judge.

I. Introduction

Like many other states, New York operates a program that allows vehicle owners to display specialty license plates which bear a specific message or symbol. In this civil rights action, the plaintiff, the Children First Foundation, Inc. ("CFF"), challenges the denial of its application for a specialty plate by defendants, the...

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