New York Magazine v. Metropolitan Transportation Authority

Defendants Metropolitan Transportation Authority and the City of New York appeal from an order entered December 1, 1997, in the United States District Court for the Southern District of New York, Shira A. Scheindlin, Judge, granting plaintiff New York Magazine, a division of Primedia Magazines, Inc., preliminary injunctive relief in its claim brought under 42 U.S.C. § 1983. The district court found that New York Magazine showed a substantial likelihood of success on its claim that Metropolitan Transportation Authority violated the First and Fourteenth Amendments to the U.S. Constitution by refusing to display on its buses an advertisement for New York Magazine that contained the nickname "Rudy" of New York City Mayor Rudolph Giuliani. Metropolitan Transportation Authority discontinued showing New York Magazines advertisement after being notified that the Mayor objected to the advertisement as a violation of his rights under § 50 of the New York Civil Rights Law. The district court enjoined both defendants from refusing to display the advertisement. The order of the district court as against the Metropolitan Transportation Authority is affirmed, the order as against the City of New York is vacated, and the claim against the City of New York is dismissed for lack of a case or controversy.