BEE SEE BOOKS INC. v. Leary

OPINION

FREDERICK van PELT BRYAN, District Judge:

This is an action pursuant to 42 U.S.C. § 1983 to enjoin defendant Police Commissioner of the City of New York from regularly and continuously stationing uniformed policemen in plaintiffs’ book stores. Plaintiffs’ principal contention is that this course of conduct constitutes an unconstitutional restraint on the distribution and sale of books, magazines, pictures and movies sold in their stores in violation of the First and Fourteenth Amendments. Plaintiffs move for a preliminary injunction.

There seems to be little dispute as to the facts. Each…