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UNITED STATES LABOR PARTY v. CODD

No. 160, Docket 75-7240.

527 F.2d 118 (1975)

UNITED STATES LABOR PARTY, a/k/a National Caucus of Labor Committees, et al., Plaintiffs-Appellees, v. Michael J. CODD, individually and as Commissioner of the Police Department of the City of New York, Defendant-Appellant, and Anthony Elar, individually and as Chief of Police of Freeport, Long Island, Defendant.

United States Court of Appeals, Second Circuit.

Decided December 9, 1975.

Attorney(s) appearing for the Case

William P. DeWitt, New York City (W. Bernard Richland, Corp. Counsel, and L. Kevin Sheridan, New York City, of counsel), for defendant-appellant.

Jay C. Carlisle, II, New York City (Paul G. Chevigny, New York City, on the brief), for plaintiffs-appellees.

Before FEINBERG, MANSFIELD and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

This is an appeal from a decision of the United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, 391 F.Supp. 920, which found Section 435-6.0(h) of the New York City Administrative Code, establishing a five-dollar fee for the issuance of a daily permit to use a sound amplification device, to be an unconstitutional violation of the right of free speech, and permanently...

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