NEW YORK — A federal appeals court has upheld New York City's right to limit new parades along the popular Fifth Avenue route.
The 2nd U.S. Circuit Court of Appeals ruled yesterday in International Action Center v. City of New York that the city's restriction on new parades does not violate the First Amendment, saying the “Fifth Avenue Rule” doesn’t discriminate on the basis of content.
International Action Center, a group that organized a parade marking the Iraq war anniversary, sued the city in 2005 because its request for Fifth Avenue was denied. Authorities suggested another route.
The city began limiting the number of parades allowed on Fifth Avenue in 1971 to protect the quality of life for nearby residents and workers.
That practice was put into law in 2001. Now just 15 historic annual parades are allowed there, including those marking St. Patrick's Day, Columbus Day, Salute to Israel Day and Veterans Day.
First Amendment Center Online staff contributed to this report.