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

228 F.3d 135 (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: May 19, 2000

Further Concurrence and Dissent Decided July 11, 2000

Defendants Howard Safir and the City of New York appeal from the grant of a preliminary injunction prohibiting them from interfering with a "photo shoot" of seventy-five to one hundred nude models arranged in…