United States Second Circuit

Plaintiff's claim that defendant's access policy violates the First Amendment is dismissed as defendant's welfare office waiting rooms are nonpublic fora and the exclusion of plaintiff was reasonable and viewpoint neutral.

Appellate Information

• Decided 08/04/2004
• Published 08/04/2004

Judges

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

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• 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.


• For Appellees:
  
• 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.