Too Many Exceptions to 5th Avenue Parade Ban, Judge Says
NEW YORK (AP) -- A federal judge found Tuesday that the city had granted too many exceptions to a ban on new parades along Manhattan's Fifth Avenue.
Judge Sidney Stein upheld the constitutionality of the ban and ordered the city to limit new parades strictly to what the law allows: those organized by the city or honoring the armed forces, sports achievements or championships, world leaders or extraordinary achievements of historical significance.
He said the city violated the First Amendment when it permitted a massive protest march against the Republican National Convention in 2004 even though it did not fit any of the categories required for exceptions to the ban.
The city in 1971 banned new parades on Fifth Avenue to relieve congestion after the number of parades there grew from 10 in 1955 to 18 in 1969.
The law was challenged by the International Action Center, which was formed in 1992 to oppose the first Gulf War. The group, which was denied parade permits many times, complained that other parades had been allowed, and it said the city shouldn't discriminate in choosing which new parades are permitted. The group currently organizes demonstrations, marches and other events addressing political issues.
Virginia Waters, senior counsel in the city's law division, said the city was pleased that the judge upheld the ban on new Fifth Avenue parades.
She said the court's decision allows the 15 traditional annual Fifth Avenue parades -- including the St. Patrick's Day parade, the Puerto Rican Day parade and the gay pride parade -- to continue.
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