Spencer Tunick v. Howard Safir, in His Official Capacity as the Police Commissioner of the City of New York, and the City of New York

209 F.3d 67 (2nd Cir. 2000)

SPENCER TUNICK, Plaintiff-Appellee,

v.

HOWARD SAFIR, in his official capacity as the Police Commissioner of the City of New York, and the CITY OF NEW YORK, Defendants-Appellants.

Docket No. 99-7823

August Term, 1999

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Argued: September 13, 1999

Decided: March 24, 2000

Dissent Filed: April 13, 2000.

Defendants Howard Safir and the City of New York appeal from the grant of a preliminary injunction prohibiting them from interfering with plaintiff Spencer Tunick's proposed photo shoot of 75 to 100 nude models arranged in an…