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MARNELL v. CARBO

No. 1:05-CV-0567 (LEK/RFT).

499 F.Supp.2d 202 (2007)

Michael MARNELL, Plaintiff, v. Dorothy CARBO, Marian Schoettle, Cheryl A. Gerber, Dave Edwards, Lisa Alt, Jeannie Edwards, Donna Civeli, Phil Meagher and Bob Kershaw, all of the above as individuals and as Commissioners of the Kingston Public Access Cable Commission, City of Kingston, Town of Esophus, Town of Hurley, Town of Kingston and Town of Ulster, Defendants.

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

June 27, 2007.

Attorney(s) appearing for the Case

Russell A. Schindler, Office of Russell A. Schindler, Kingston, NY, for Plaintiff.

Claudia A. Ryan, John F. Moore, Ryan, Smallacombe Law Firm, Gregg T. Johnson, Jacinda Hall Conboy, Patrick J. Fitzgerald, III, Girvin, Ferlazzo Law Firm, Albany, NY, Andrew S. Regenbaum, Jennifer E. Coroian, Feldman, Kleidman Law Firm, Fishkill, NY for Defendants.

MEMORANDUM-DECISION AND ORDER1

KAHN, District Judge.

I. Background

This case concerns the regulation of the Kingston Public Access cable channel 23 ("KPA"), a public education and government access channel. Plaintiff Michael Marnell ("Plaintiff") produced a broadcast of the Catholic Mass at St. Joseph's Church on KPA from March 1997 through September 2004, when his producer access card was deactivated...

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