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ECLIPSE ENTERPRISES, INC. v. GULOTTA

No. CV 92-3416 (ADS).

942 F.Supp. 801 (1996)

ECLIPSE ENTERPRISES, INC., d/b/a Eclipse Comics; and Wantagh Distributors, Inc. d/b/a Collectors Comics, Plaintiffs, v. Thomas GULOTTA, Individually and in His Capacity as County Executive of the County of Nassau; Donald Kane, Individually and in His Capacity as Commissioner of the Nassau County Police Department; Joseph Mondello, Bruce Nyman, Donald DeRiggi, Benjamin Zwirn and Lewis Yevoli, Individually and in Their Capacity as Members of the Nassau County Board of Supervisors; and the County of Nassau, Defendants.

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

September 26, 1996.

Attorney(s) appearing for the Case

Lankenau Kovner & Kurz, L.L.P. by Robert Balin, New York City, for plaintiffs.

Kopff, Nardelli & Dopf by Peter S. Williams, New York City, for defendants.

SPATT, District Judge:

This lawsuit addresses the constitutionality of Nassau County Local Law No. 11-1992 ("Local Law 11-1992") which provides that selling trading cards to minors which depict a "heinous crime, an element of a heinous crime, or a heinous criminal and which is harmful to minors" is a Class A misdemeanor. According to the plaintiffs Eclipse Enterprises, Inc., doing business as Eclipse Comics, ("Eclipse"), and Wantagh Distributors, Inc., doing business...

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