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MAKE THE ROAD BY WALKING, INC. v. TURNER

Docket No. 02-7876.

378 F.3d 133 (2004)

MAKE THE ROAD BY WALKING, INC., Plaintiff-Appellant, Irania Sanchez and Emilio Vega, on behalf of themselves and all others similarly situated, Plaintiffs, v. Jason A. TURNER, as Administrator of the Human Resources Administration of the City of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 4, 2004.

Attorney(s) appearing for the Case

Laura K. Abel (David S. Udell, on the brief), Brennan Center for Justice, New York, New York (Constance P. Carden and Laura Davis, New York Legal Assistance Group, New York, New York, Thomas McGanney and David Hille, White & Case LLP, New York, New York, Marc Cohan, Rebecca Scharf, Welfare Law Center, New York, New York, on the brief), for Plaintiff-Appellant.

Elizabeth I. Freedman, Assistant Corporation Counsel of the City of New York (Michael A. Cardozo, Corporation Counsel of the City of New York, and Leonard Koerner and Janice Birnbaum, Assistant Corporation Counsel of the City of New York, on the brief), Corporation Counsel's Office, New York, New York, for Defendant-Appellee.

Before: WALKER, Chief Judge, OAKES, and WINTER, Circuit Judges.

WINTER, Circuit Judge.

Make the Road by Walking ("MRBW") appeals from Judge Schwartz's grant of summary judgment to the Human Resources Administration ("HRA"). The district court held that exclusion of MRBW from welfare office waiting rooms (sometimes "Job Center waiting rooms") when MRBW was not there to transact "official business" did not violate appellant's First Amendment, due process, or equal protection rights. Judge Schwartz also granted summary judgment to...

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