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OLIVIERI v. WARD

No. 85 Civ. 3269 (CBM).

613 F.Supp. 616 (1985)

Michael J. OLIVIERI, J. Matthew Foreman, Michael Dillinger, Tom Kohler, Richard Ferrara, Edmund W. Trust, Hugh R. Bruce, John D. Edwards, Joseph Brown, Julius J. Spohn, Bernard L. Tansey, Clint Winant, James Doyle, David Lawlor, Jim Cannon, Ned Lynam, Edward Bryne, Michael Conley, Edward Harbur, Robert J. Buel, Christopher Wesolowski, Gary W. Spokes and Dignity-New York, Plaintiffs, v. Benjamin WARD, in his official capacity as Police Commissioner of the City of New York, Edward I. Koch, in his capacity as the Mayor of the City of New York, and the New York City Police Department, Defendants.

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

June 13, 1985.

Attorney(s) appearing for the Case

Staurt W. Gold, Anne E. Verdon, Valerie Caproni, New York City, for plaintiffs.

Frederick A.O. Schwartz, Jr., Corp. Counsel by David D. Drueding, Jonathan L. Pines, New York City, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

MOTLEY, Chief Judge.

Plaintiffs seek to enjoin defendants, on the basis of the First Amendment, from prohibiting them from demonstrating on the public sidewalk in front of St. Patrick's Cathedral during the annual "Gay Pride March" to be held in New York City on June 30, 1985. Defendants maintain that in order to prevent a hostile confrontation between plaintiffs and certain antagonistic demonstrators, both groups...

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