Opinion
00 Civ. 7830(KMW).
February 26, 2001.
ORDER AND JUDGMENT
Plaintiff seeks to permanently enjoin the City of New York from enforcing a policy that prohibits the use of sound amplification during events held in City Hall Plaza. In an Order dated November 26, 2000, familiarity with which is assumed, the Court concluded that the City's policy violated the First Amendment and granted plaintiff's request for a preliminary injunction. The Court based this conclusion on its finding that the policy vests undue discretion in City officials.
Because the Court has limited its analysis to the narrow issue of discretion, the Court determines that no further discovery is warranted and that this matter should proceed to final judgment. Accordingly, the Court now concludes, for the reasons set forth in its November 26, 2000 Order, that the City policy violates the First Amendment as a matter of law. Plaintiffs' request for a permanent injunction is therefore granted and the City of New York is permanently enjoined from enforcing its sound amplification policy in City Hall Plaza. The Clerk of Court is directed to close this case. All pending motions are moot.
The Court held a conference and considered submissions from the parties in reaching this determination.
SO ORDERED.