Youth International Party v. McGuire

572 F. Supp. 1159, 1983 U.S. Dist. LEXIS 12999
CourtDistrict Court, S.D. New York
DecidedOctober 6, 1983
DocketNo. 83 Civ. 5770(KTD)
StatusPublished
Cited by1 cases

This text of 572 F. Supp. 1159 (Youth International Party v. McGuire) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Youth International Party v. McGuire, 572 F. Supp. 1159, 1983 U.S. Dist. LEXIS 12999 (S.D.N.Y. 1983).

Opinion

MEMORANDUM DECISION AND ORDER

KRAM, District Judge.

The above-captioned case came before this Court upon the motion of plaintiff Youth International Party (“YIP”) for a preliminary injunction. For the reasons stated below, this Court finds that determination of the issues raised herein should properly be left to the city courts; therefore, plaintiff’s motion is denied and this action is dismissed in part and stayed in part.

[1161]*1161BACKGROUND

YIP is an unincorporated political party which is engaged in disseminating information and materials designed to focus the recipients’ attention on particular contemporary political and social issues. For example, YIP is currently disseminating information and materials urging the decriminalization of marijuana use as well as materials in opposition to the registration requirement of 50 U.S.C.S. App. § 453. One item YIP has distributed in connection with its efforts regarding the registration requirements is a T-shirt embossed with the slogan “Resist Now More Than Ever” around a colorful design.

On July 26, 1983, members of YIP set up a table from which to disseminate materials along the sidewalk adjacent to 333 Sixth Avenue, south of West Fourth Street. The table was located approximately twenty yards from a small park containing basketball courts. The park, although small, is a popular gathering spot. YIP chose this location to be able to reach a large number of people. The members of YIP distributed materials from that table, seeking contributions or donations for some of the materials disseminated (including the T-shirts described above).

On that evening, while the members of YIP were at this table, they were approached by three police officers: apparently one officer arrived on foot and the other two responded to the first’s radio call by patrol car. These officers asked the members of YIP whether they had obtained a permit from the Supervisor of the Parks Department. The YIP members indicated that no prior approval was required under the Constitution and under Administrative Law Judge Sol. H. Sleppin’s decision dismissing a similar summons in City of New York v. Boyd, No. 016-994-405, slip op. (Environmental Control Board September 18, 1981).1 Thereupon, the officers issued a summons for “Reading paraphaniala [sic] and T-shirts without license, tax, etc.” (Exhibit C to Order to Show Cause dated August 4, 1983).2 The officers also issued three summonses for assorted alleged violations of vehicles and traffic laws (e.g., expired meter) (Exhibits E, F, and G to Order to Show Cause dated August 4, 1983).

On August 3, 1983, members of YIP apparently returned to this location on Sixth Avenue. On this date, the members again were issued summonses. This time the criminal summonses issued included: “Exibiting [sic] sign to solicit”; “Fund Raising No Park Permit”; and “Obstructing Ped. Traffic” (Exhibits F, G, and H to Complaint).

YIP apparently has not returned to this location since receiving the summonses discussed above. The enforcement of those summonses, or at least the summons relating to the distribution of reading paraphernalia and T-shirts, is still pending before an administrative law judge.

DISCUSSION

YIP commenced this action against Robert J. McGuire, Police Commissioner of the City of New York, on August 4, 1983. The complaint sets out the facts outlined above and alleges that the police officers’ acts deprive YIP, and its members, of its constitutional rights. YIP asserts that the subject matter jurisdictional requirements are met in this case pursuant to “The First, Fifth and Fourteenth Amendments ... 28 U.S.C. 1331,1332 [sic],3 1341, 1651 and 2201 and ... 42 U.S.C. 1981, et seq.” (Complaint, § 3). The relief plaintiff seeks is as follows:

A. A temporary restraining order directing defendant to prevent all of his agents, servants and employees from interfering with or otherwise impeding the [1162]*1162exercise by plaintiff and its members, associates and supporters of their First Amendment rights.
B. A preliminary and permanent injunction preventing defendant, his agents, servants and employees from interfering with or otherwise impeding the exercise by plaintiff and its members, associates and supporters of their First Amendment rights.
C. A declaratory judgment declaring that it is constitutionally impermissible for defendant, his agents, servants and employees to interfere with or otherwise impede the exercise by plaintiff and its members, associates and supporters of their First Amendment rights.
D. Compensatory damages in an amount yet undetermined....

(Complaint, p. 6).

This Court denied plaintiff’s request for a temporary restraining order in its Order to Show Cause dated August 4, 1983. YIP moved for a preliminary injunction pursuant to that Order to Show Cause

enjoining defendant and all persons acting under his command, direction, supervision or control from arresting or otherwise interfering with plaintiff or any of its members, associates, friends or supporters engaged in the sale or distribution of political buttons, posters, T-shirts, literature and other material protected by the First Amendment on the streets of the City of New York.

A word must be said at the outset about the astounding breadth of YIP’s requested relief. On its face, the relief requested in the Complaint seeks, simply put, a declaration “that plaintiff has protected constitutional rights,” and an injunction “keeping those rights intact.” Plaintiff does not need this Court to do that: the Constitution of the United States of America does it for plaintiff. This Court would not, even if it could, issue an injunction worded so broadly-

This Court cannot act at all, except upon the assertion of a “case or controversy” within Article III of the Constitution of the United States of America, E.g., O’Shea v. Littleton, 414 U.S. 488, 94 S.Ct. 669, 38 L.Ed.2d 674 (1974); Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 57 S.Ct. 461, 81 L.Ed. 617 (1937). Chief Justice Hughes defined that requirement as follows:

A ‘controversy’ in this sense must be one that is appropriate for judicial determination. A justiciable controversy is thus distinguished from a difference or dispute of a hypothetical character; from one that is academic or moot. The controversy must be definite and concrete, touching the legal relations of parties having adverse legal interests. It must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts.

Haworth, 300 U.S. at 240 — 11, 57 S.Ct. at 463-64 (emphasis added).

The “specific relief” that Chief Justice Hughes spoke of must arise out of the live factual relationship between the parties.

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Related

YOUTH INTERN. PARTY v. McGuire
572 F. Supp. 1159 (S.D. New York, 1983)

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Bluebook (online)
572 F. Supp. 1159, 1983 U.S. Dist. LEXIS 12999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youth-international-party-v-mcguire-nysd-1983.