Population Services International v. Wilson

PIERCE, District Judge.

OPINION

Plaintiffs have brought this action seeking declaratory and injunctive relief against enforcement of Section 6811(8) of the New York State Education Law, McKinney’s Consol.Laws, e. 16, insofar as that section applies to non-prescription contraceptives. 1 Plaintiffs claim that as applied to the aforesaid items, the statute violates the First, Fifth, Ninth, and Fourteenth Amendments of the United States Constitution. Specifically, the plaintiffs claim, inter .alia, that the statute violates the constitutional right of privacy of New York State residents, which…