Document Type

Article

Publication Date

12-9-1997

Abstract

Defendants Thomas Gulotta, County Executive of Nassau County, Donald Kane, Commissioner of the Nassau County Police Department, Joseph Mondello, Bruce Nyman, Donald DeRiggi, Benjamin Zwirn and Lewis Yevoli, each a member of the Nassau County Board of Supervisors, and the County of Nassau appeal from a summary judgment entered in the United States District Court for the Eastern District of New York (Spatt, J.). The judgment was granted on motion of plaintiffs-appellees Eclipse Enterprises, Inc., doing business as Eclipse Comics, and Wantagh Distributors, Inc., doing business as Collectors Comics (collectively with plaintiffs-appellees Eclipse Enterprises, Inc., "Eclipse"). In finding in favor of Eclipse, a publisher and a seller of trading cards, the court determined, inter alia, that Nassau County Local Law 11-1992 (the "Law"), which prohibits the sale to minors of any trading card that depicts a heinous crime, an element of a heinous crime or a heinous criminal, and is harmful to minors, is a content-based prohibition of speech and is neither necessary nor narrowly tailored to meet a compelling state interest.

For the reasons that follow, we affirm.

Comments

134 F.3d 63 (1997)

ECLIPSE ENTERPRISES, INC., d/b/a Eclipse Comics and Wantagh Distributors, Inc., d/b/a Collectors Comics, Plaintiffs-Appellees,

v.

Thomas GULOTTA, individually and in his capacity as County Executive of the County of Nassau, Donald Kane, individually and in his capacity as Commissioner of the Nassau County Police Department, Joseph Mondello, Bruce Nyman, Donald DeRiggi, Benjamin Zwirn and Lewis Yevoli, individually and in their capacity as members of the Nassau County Board of Supervisors and The County of Nassau, Defendants-Appellants.

No. 320, Docket 97-7099.

United States Court of Appeals, Second Circuit.

Argued September 2, 1997

Decided December 9, 1997.

New York Law School location: File #2567, Box #138

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