United States Second Circuit

In case involving legislation to combat graffiti vandalism, preliminary injunction prohibiting defendant city from enforcing ban on sale to, and possession by, adults between the ages of 18 and 21 of aerosol spray paint containers and broad tipped indelible markers is affirmed over principal claims that: 1) the district court erred in finding that plaintiffs are likely to prevail on the merits of their claims; and 2) plaintiffs failed to show that they would suffer irreparable injury in the absence of a preliminary injunction.

Appellate Information

• Decided 02/01/2007
• Published 02/05/2007

Judges

• KEARSE, Circuit Judge:, Before:  KEARSE, SOTOMAYOR, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Daniel M. Perez, New York, New York (David Pressman, Kuby & Perez, on the brief), for Plaintiffs-Appellees., Scott Shorr, Senior Corporation Counsel, New York, New York (Michael A. Cardozo, Corporation Counsel of the City of New York, Ronald E. Sternberg, on the brief), for Defendants-Appellants.