Legal Opinion

Bery v. City of New York

District Court, S.D. New York

Decided October 26, 1995No. 94 Civ. 4253 (MGC), 94 Civ. 7216 (MGC)PublishedCited by 7 opinions

1Opinion of the Court

CEDARBAUM, District Judge.

Does a content-neutral municipal ordinance of general application violate the First and Fourteenth Amendments because it incidentally restricts the sale of art on the sidewalks of New York City? Plaintiffs in these related cases are artists who sell their original paintings on public sidewalks and an artists’ advocacy organization. They move for a preliminary injunction prohibiting the enforcement against them of the New York City General Vendors Law (Administrative Code of the City of New York § 20-452 et seq.) on the grounds that the application of the ordinance to…

2Cases cited24 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  3. Miller v. CaliforniaSupreme Court of the United States · 1973
  4. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  5. Schneider v. State (Town of Irvington)Supreme Court of the United States · 1939

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3Cited by7 opinions

  1. Bery v. City of New YorkCourt of Appeals for the Second Circuit · 1996
  2. Mastrovincenzo v. City of New YorkCourt of Appeals for the Second Circuit · 2006
  3. Turley v. GiulianiDistrict Court, S.D. New York · 2000
  4. Coalition for Economic Equity v. WilsonDistrict Court, N.D. California · 1996
  5. People v. SaulCriminal Court of the City of New York · 2004

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