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TURLEY v. GIULIANI

No. 99 Civ. 3381(SAS).

86 F.Supp.2d 291 (2000)

Robert TURLEY and Tyrone Hamlette, Plaintiffs, v. Rudolph GIULIANI, in his official capacity as Mayor of the City of New York and in his individual capacity; Howard Safir, in his official capacity as Police Commissioner of the City of New York and in his individual capacity; Joel Miele, in his official capacity as Commissioner of the Department of Environmental Protection of the City of New York; Thomas Purtell and Diane O'Connor, in their official and individual capacities; and the City of New York, Defendants.

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

February 15, 2000.

Attorney(s) appearing for the Case

Robert T. Perry, Brooklyn, New York, for Plaintiff.

Dana H. Biberman, Corporation Counsel for the City of New York, New York, NY, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

Plaintiffs, Robert Turley and Tyrone Hamlette, are professional street musicians who perform in and around the Times Square area. They bring this action to vindicate their First Amendment right to play reasonably amplified music on the sidewalks and traffic islands which comprise Times Square. Plaintiffs have moved for a preliminary injunction enjoining and restraining the defendants (collectively, the...

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