United States Court of Appeals, Second Circuit Assignment | Online Essays

United States Court of Appeals, Second Circuit.

Lindsey (“Linzie”) VINCENTY;  Valerie Adams, on behalf of her minor son Kereem Adams;  Gino Castignoli, on behalf of his minor daughter Melissa Castignoli;  Fernando Carlo;  Rhea David, on behalf of her minor daughter Loyette David;  Nellie Dumont;  and Vincent Schiano, Plaintiffs-Appellees, v. Michael R. BLOOMBERG, Mayor of the City of New York;  Peter F. Vallone, Jr., Chair, Committee on Public Safety, New York City Council, in their individual capacities;  and the City of New York, Defendants-Appellants.

Don't use plagiarized sources. Get Your Custom Essay on
United States Court of Appeals, Second Circuit Assignment | Online Essays
Just from $13/Page
Order Essay

Docket No. 06-2106-CV.

Decided: February 01, 2007

Before:  KEARSE, SOTOMAYOR, and B.D. PARKER, Circuit Judges. Daniel M. Perez, New York, New York (David Pressman, Kuby & Perez, on the brief), for Plaintiffs-Appellees. Scott Shorr, Senior Corporation Counsel, New York, New York (Michael A. Cardozo, Corporation Counsel of the City of New York, Ronald E. Sternberg, on the brief), for Defendants-Appellants.

The present action arises out of a recent legislative attempt by defendant City of New York (“City”) to combat the widespread problem of graffiti vandalism, i.e., the unauthorized placement of graffiti on the property of another.   As amended in December 2005, the City’s Administrative Code (“Code” or “City Code”) prohibits the sale of, inter alia, aerosol spray paint containers and broad tipped indelible markers to persons under 21 years of age, see N.Y.C. Admin. Code § 10-117(c) (2006), and generally prohibits persons under the age of 21 from possessing such items on property other than their own, see id. § 10-117(c-1).   The present action was commenced in the United States District Court for the Southern District of New York in April 2006 by or on behalf of artists whose ages then ranged from 16 to 20, challenging the constitutionality of §§ 10-117(c) and (c-1) on the grounds that those subsections’ prohibitions with respect to spray paint and markers (a) violate plaintiffs’ First Amendment rights to freedom of expression, and (b) discriminate against plaintiffs on the basis of age in violation of their rights to equal protection.   Plaintiffs promptly moved for a preliminary injunction prohibiting defendants from enforcing those provisions during the pendency of the action.

The district court, George B. Daniels, Judge, granted the motion for a preliminary injunction to the extent of prohibiting the City from enforcing the spray paint and marker provisions of §§ 10-117(c) and (c-1) against young adults over the age of 18 but under the age of 21.  (Under New York law, see, e.g., N.Y. Dom. Rel. Law § 2 (McKinney 2006), and N.Y. Gen. Oblig.   Law § 1-202 (McKinney 2006), New York residents are adults at age 18.)   The court found, inter alia, that plaintiffs are likely to prevail on their claims that the challenged provisions violate their First Amendment and equal protection rights.   Defendants have appealed, contending principally that the district court erred in finding that plaintiffs are likely to prevail on the merits of their claims;  defendants also contend that plaintiffs failed to show that they would suffer irreparable injury in the absence of a preliminary injunction.   For the reasons that follow, we affirm the preliminary injunction on the basis of plaintiffs’ First Amendment claims.

I. BACKGROUND

For decades, the City has been confronted with a “growing problem of vandalism and public defacement by means of making unauthorized graffiti.”  (Complaint ¶ 26.)   In the City’s administrative code in 1985 (“1985 Code”), § 435-13.2, the predecessor of § 10-117, contained provisions that, inter alia, forbade any person to write, draw, or paint any inscription, figure, or mark on public or private property without the express permission of the owner or operator of the property, see 1985 Code § 435-13.2(a);  prohibited any person from carrying an aerosol spray paint can or a broad tipped indelible marker into any public building or other public facility with the intent to violate § 435-13.2(a), see 1985 Code § 435-13.2(b);  and prohibited the sale of such items to any person under the age of 18, see id. § 435-13.2(c);  see also New York State Laws of 1985, ch. 907, § 14 (renumbering City Code § 435-13.2 as § 10-117).

In December 2005, amendments to § 10-117 were adopted to expand former § 435-13.2(c)’s prohibitions by raising the age restriction on the sale of such items from 18 to 21 and by introducing a strict-liability provision that prohibits persons under the age of 21 from possessing such items in certain places, regardless of intent.

A. The Challenged Provisions of the City Code

The new or amended subsections that are challenged in this action provide as follows:

(c) No person shall sell or offer to sell an aerosol spray paint can, broad tipped indelible marker or etching acid to any person under twenty-one years of age.

(c-1) No person under twenty-one years of age shall possess an aerosol spray paint can, broad tipped indelible marker or etching acid on the property of another or in any public building or upon any public facility.

Homework Writings Pro
Calculate your paper price
Pages (550 words)
Approximate price: -

Why should I choose Homework Writings Pro as my essay writing service?

We Follow Instructions and Give Quality Papers

We are strict in following paper instructions. You are welcome to provide directions to your writer, who will follow it as a law in customizing your paper. Quality is guaranteed! Every paper is carefully checked before delivery. Our writers are professionals and always deliver the highest quality work.

Professional and Experienced Academic Writers

We have a team of professional writers with experience in academic and business writing. Many are native speakers and able to perform any task for which you need help.

Reasonable Prices and Free Unlimited Revisions

Typical student budget? No problem. Affordable rates, generous discounts - the more you order, the more you save. We reward loyalty and welcome new customers. Furthermore, if you think we missed something, please send your order for a free review. You can do this yourself by logging into your personal account or by contacting our support..

Essay Delivered On Time and 100% Money-Back-Guarantee

Your essay will arrive on time, or even before your deadline – even if you request your paper within hours. You won’t be kept waiting, so relax and work on other tasks.We also guatantee a refund in case you decide to cancel your order.

100% Original Essay and Confidentiality

Anti-plagiarism policy. The authenticity of each essay is carefully checked, resulting in truly unique works. Our collaboration is a secret kept safe with us. We only need your email address to send you a unique username and password. We never share personal customer information.

24/7 Customer Support

We recognize that people around the world use our services in different time zones, so we have a support team that is happy to help you use our service. Our writing service has a 24/7 support policy. Contact us and discover all the details that may interest you!

Try it now!

Calculate the price of your order

Total price:
$0.00

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

Our reputation for excellence in providing professional tailor-made essay writing services to students of different academic levels is the best proof of our reliability and quality of service we offer.

Essays

Essay Writing Service

When using our academic writing services, you can get help with different types of work including college essays, research articles, writing, essay writing, various academic reports, book reports and so on. Whatever your task, homeworkwritingspro.com has experienced specialists qualified enough to handle it professionally.

Admissions

Admission Essays & Business Writing Help

An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you.

Reviews

Editing Support

Our professional editor will check your grammar to make sure it is free from errors. You can rest assured that we will do our best to provide you with a piece of dignified academic writing. Homeworkwritingpro experts can manage any assignment in any academic field.

Reviews

Revision Support

If you think your paper could be improved, you can request a review. In this case, your paper will be checked by the writer or assigned to an editor. You can use this option as many times as you see fit. This is free because we want you to be completely satisfied with the service offered.