Friday, February 02, 2007
The District Court granted the motion for a preliminary injunction to the extent that the City could not enforce the ban against individuals over the age of 18. The City appealed, claiming that the Court erred in finding that the plaintiffs were likely to succeed on the merits and that the plaintiffs would be irreparably harmed. On appeal, the Second Circuit affirmed.
While the Court was skeptical of any equal protection violation, it found that the District Court had not abused its discretion in issuing the injunction on First Amendment grounds.
The decision can be found here.