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.
Miner, Roger J., "Eclipse Enterprises, Inc. v. Gulotta, 134 F. 3d 63 - Court of Appeals, 2nd Circuit 1997" (1997). Circuit Court Opinions. 213.