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NEW YORK YOUTH CLUB v. TOWN OF SMITHTOWN

No. 10 CV 2898(DRH)(WDW).

867 F.Supp.2d 328 (2012)

NEW YORK YOUTH CLUB; Arena F.; Desiree P.; Sheila M.; Shemiah M.; Ramel M.; Joanne T.; Brianna T.; Trina M.; Oliver M.; Angel S.; Vincent S.; and Victor S., Plaintiffs, v. TOWN OF SMITHTOWN; Patrick R. Vechio, as Supervisor of the Town of Smithtown; Thomas J. McCarthy, Edward R. Werheim, Robert J. Creighton, and Kevin J. Malloy, as Members of the Town Council of the Town of Smithtown; Department of Public Safety of the Town of Smithtown; and John Valentine, as Director of Public Safety of the Town of Smithtown, Defendants.

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

March 31, 2012.

Attorney(s) appearing for the Case

Kase & Druker, by: James O. Drucker , Paula Schwartz Frome , Garden City, NY, for Plaintiffs.

Lewis Brisbois Bisgaard & Smith LLP, by: Peter J. Biging , Jason L. Ederer , New York, NY, for Defendants.

MEMORANDUM & ORDER

HURLEY, Senior District Judge:

Plaintiffs bring this action pursuant to 42 U.S.C. § 1983 seeking a declaration that ordinance 215-3A of the Town of Smithtown, New York is unconstitutional under the First and Fourteenth Amendments. Plaintiffs also seek damages arising from of the threatened enforcement of the Ordinance. Now before the Court is defendants' motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6). For the...

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