Friday, June 03, 2011

NYC ignores free speech ruling

We read:
"A New York street vendor has been arrested once again for selling condoms in wrappers bearing the image of President Barack Obama.

Jose Andujar, 43, was arrested on Friday in Times Square for selling his "Obama" condoms. It was his third arrest in a year for unlicensed peddling, police said, reported the New York Post.

The arrest came despite a State Supreme Court justice ruling that Andujar's condoms are protected by the Constitution's guarantee of free speech. The decision said the condom wrappers should be treated like books, which do not require a vending license.

The city vowed to continue to bust Andujar, pending the outcome of an appeal.

Andujar typically titillates tourists with his slick sales pitch, "It's the ultimate stimulus package for hard times."

Source

They would seem to be setting themselves up for a substantial damages award

Posted by John J. Ray (M.A.; Ph.D.).

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