Professional Documents
Culture Documents
j brooks@phillipsnizer.
com
B.
Kevin McGrath (KM7613)
kmcgrath@phillipsnizer.
com
JeffreyShore(IS244l)
j shore@phillipsnizer.com
PHILLPS NIZER LLP
666 Fifth Avenue
New York,New York 10103-0084
(2r2)e77-e700
Attorneysfor Plaintffi
I-INITEDSTATESDISTRICTCOURT
SOUTHERNDISTRICTOF NEW YORK
V.
PlaintiffS,DianeL Dua,JoelKaye,BryanClose,RadosluvGavililovic,DinaKalra,
respectfullyallegeasfollows:
1tt8249.2
SurnunNT oF THECasn
4. Plaintiffsseekinjunctiverelief (temporary,preliminaryandpermanent)
alsoseekmoneydamages.
1118249.2
JuRrsnrcuoN
5. Jurisdiction
of thisCourtis invokedpursuant
to andunder28U.S.C.gg 1331
(federalquestion),1343(civil rights),1367(supplemental),
2201and2202(declaratory
judgment),and42U.S.C.$$ 1983and1988(civilrights).
VBNun
to 28 U.S.C.g 1391(b)(I-2).
New York pursuant
Tnn P,lnrrns
Park.
nt8249.2
14. Plaintiff DonnaLee Michasis an artistwho createsexpressivephotographs,
and
who residesin the City of New York, andwho showsandsellsher expressiveart in Union
SquarePark.
Union SquarePark.
residesin the City of New York, andwho showsandsellshis expressiveart outsidethe Met.
22. Defendant Michael Bloomberg (the "Mayor") is being sued in his official
Facrunr, BacxcnouNo
1t18249.2
25. As adopted,the Revised Rules severelyrestrict the number and location of
56 RCNY $ 1-05(bX2)(emphasesadded).
sharing" among expressivematter vendors,and by rationing those few spots on a "first come,
first servebasis," the Revised Rules constitute a defacto daily licensing program or lottery.
1rt8249.2
29. On their face and as applied to Plaintiffs, the Revised Rules constitute an
United StatesConstitution and Article 1, $ 8, of the New York StateConstitution, in that they
require authorization from the Park's Commissionerto engagein such activity and thus
effectively bar Plaintiffs from displaying or selling their art in the RestrictedParks.
30. The free speechrights affected by the Revised Rules are fundamentalrights
guaranteedby the First Amendment of the Constitution of the United Statesand Article 1, $ 8 of
31. The Revised Rules are not narrowly tailored to servea significant govemmental
interest.
32. Whether by intent or effect, the Revised Rules will curtail the Plaintiffs' First
Plaintiffs. Thus, the Court may properly declarePlaintiffs' constitutional and civil rights in
tt18249.2
36. The Revised Rules will permit a limited number of expressivematter vendors to
exercisetheir First Amendment and Article I, $ 8 rights each day, and will deny to all other
venue.
38. On their face and as applied to Plaintiffs, the Revised Rules thus violate Plaintiffs'
4I. The statedpurposeof the Revised Rules is to reduce congestionin the Restricted
Parks.
expressivematter vendors to the exclusion of all other vendors utilizing the RestrictedParks.
43. Upon information and belief, the Green Market in Union SquarePark, the
dangerand congestionthan all expressivematter vendors combined, but the Revised Rules make
no attempt to reduce and restrict the activities, locations, or numbersof such non-expressive
1tt8249.2
44. Similarly, upon information and beliei the City has enteredinto agreementswith
front of the Met, and, although said vendors will also createsignificant congestion,the Revised
Rules make no attempt to reduce and restrict the activities, locations, or numbers of such non-
RestrictedParks.
46. On their face and as applied to Plaintiffs, the Revised Rules thus violate Plaintiffs'
deprivation of their civil rights as guaranteedby the First and FourteenthAmendments of the
United StatesConstitution.
Plaintiffs' constitutional rights of free speechand equal protection and have thereby irreparably
injured Plaintiffs.
50. Plaintiffs have suffered injuries and damages,and seekattorneys' fees and costs.
ttt8249.2
WHEREFORE, Plaintiffs respectfully requestthe following relief:
(a) A declaratoryjudgment that the revision of $$ 1-02 and 1-05(b)of Title 56 of the
Official Compilation of the Rules of the City of New York is unconstitutional under the
Constitution of the United Statesand the Constitution of the Stateof New York, and that
$ $ 1 9 8 3a n d 1 9 8 8 .
suffered by Plaintiffs in the above claims as a result of Defendants' enforcementof the Revised
in B. McGrath(KM7613)
Jeffrey L. Shore(IS244l)
AttorneyforPlaintffi
666 Fifth Avenue
New York,New York 10103-0084
(2r2) 977-9700
t11.8249.2