Five Borough Bicycle Club et al v. The City of New York et al
Five Borough Bicycle Club, Sharon Blythe, Josh Gosciak, Kenneth T. Jackson, Madeline Nelson, Elizabeth Shura and Luke Son |
The City of New York, Raymond Kelly, James Tuller, John Doe and Jane Doe |
1:2007cv02448 |
March 27, 2007 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Lewis A. Kaplan |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
None |
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Filing 143 OPINION: #98553 As I wrote in ruling on the preliminary injunction, I am sympathetic to plaintiffs concerns. In certain circumstances, the Parade Regulations may impose inconveniences on plaintiffs ability to ride their bicycles through the streets o f our City with unfettered freedom. And if this lawsuit is any measure, the tension that has existed between the NYPD and MCM has not much dissipated in the years since the Courts first ruling. But, after careful review of all of the evidence in this case, the Court remains persuaded that the Parade Regulations themselves, and the NYPDs enforcement of them and other relevant statutes, does not run afoul of the Constitution. Accordingly, the amended complaint is dismissed with prejudice. The foregoing constitute the Courts findings of fact and conclusions of law. (Signed by Judge Lewis A. Kaplan on 2/16/2010) (jpo) Modified on 2/17/2010 (ajc). |
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