D'ANGIO v. Borough of Nescopeck

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

On June 10, 1998, plaintiff Decio D’An-gio commenced this action with the filing of a complaint alleging that the Public Indecency Ordinance (“the ordinance” or “Nescopeck ordinance”) enacted by Nescopeck on May 11, 1998, violates (1) his freedom of speech under the United States and Pennsylvania Constitutions and (2) his rights under the Equal Protection provisions of both constitutions. By order dated January 29, 1999, this court granted defendants’ motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). This court declined to exercise supplemental…