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ORAZIO v. TOWN OF NORTH HEMPSTEAD

No. 76 C 1662.

426 F.Supp. 1144 (1977)

Angelo F. ORAZIO, Plaintiff, v. TOWN OF NORTH HEMPSTEAD et al., Defendants.

United States District Court, E. D. New York.

February 16, 1977.

Attorney(s) appearing for the Case

George Nager, Mineola, N.Y., for plaintiff, by James A. Lee, Mineola, N.Y.

Edward G. McCabe, Town Atty., North Hempstead, N.Y., for defendants, by Joseph A. Guarino, Sr. Deputy Town Atty., Town of North Hempstead, N.Y.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiff, a successful Democratic candidate for New York State Assemblyman in the November 2, 1976 general election, challenges the constitutionality of an ordinance which prohibited him from erecting political wall signs more than six weeks before the election. For the reasons which follow, the court holds that the ordinance violates both the Equal Protection Clause and the First Amendment.

The ordinance...

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