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YOUNG v. NEW YORK CITY TRANSIT AUTHORITY

No. 89 CIV 7871 (LBS).

729 F.Supp. 341 (1990)

William B. YOUNG, Jr., and Joseph Walley, on behalf of themselves and all other persons who are similarly situated; and, Legal Action Center Homeless, Plaintiffs, Sheron Gilmore, Plaintiff-Intervenor, v. NEW YORK CITY TRANSIT AUTHORITY, Metropolitan Transportation Authority of the State of New York, Metro-North Commuter Railroad Company, The Long Island Rail Road Company, The Port Authority of New York and New Jersey, and Robert R. Kiley, as Chairman of the New York City Transit Authority, the Metropolitan Transportation Authority of the State of New York, the Metro-North Commuter Railroad Company, and the Long Island Rail Road Company, and Robert Abrams, as Attorney General of the State of New York, Defendants.

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

As Amended January 29, 1990.

Attorney(s) appearing for the Case

George Sommers, New York City (Geoffrey Potter and John E. Kirklin, of counsel), and Legal Action Center for the Homeless, New York City (Douglas Lasdon and Patrick Horvath, of counsel), for Young plaintiffs.

The Legal Aid Soc., New York City (Jane E. Booth, Adam S. Cohen and Kalman Finkel, of counsel), for plaintiff-intervenor Gilmore.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, pro se (R. Scott Greathead, First Asst. Atty. Gen., Joel Graber and Judith T. Kramer, Asst. Attys. Gen., of counsel).

Susan E. Weiner, Deputy Gen., Counsel, Metropolitan Transp. Authority, New York City, for defendants Metropolitan Transp. Authority, Metro-North Commuter R.R., New York City Transit Authority, The Long Island R.R., and Robert R. Kiley.

Joseph Lesser, New York City (Arthur P. Berg, of counsel), for defendant The Port Authority of New York and New Jersey.

SAND, District Judge.

Plaintiffs, two homeless men who solicit money for themselves in the New York City transit system, bring this action on behalf of themselves and all other persons similarly situated, alleging that various regulations and New York Penal Law § 240.35(1) infringe upon their right to free speech under the First Amendment. Plaintiffs move to amend their complaint, for an order determining that this action is maintainable as a class action, and...

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