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2nd Circuit rains on new parades for NYC's Fifth Ave.

By The Associated Press
11.18.09

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.


Previous
Federal judge backs NYC limits on new 5th Ave. parades
Court says city failed to abide by own ban when it allowed massive protest march during 2004 Republican National Convention. 11.28.07

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NYC can continue to regulate mass bike rides, federal judge says

Cyclists organizations had asked court to suspend rules, which require groups of 50 or more to obtain parade permits before traveling together, until trial is held in case. 04.20.07

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