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PERSON v. ASSOCIATION OF THE BAR OF NEW YORK

November 19, 1975

Carl E. PERSON, Plaintiff,
v.
The ASSOCIATION OF the BAR OF the CITY OF NEW YORK, Defendant



Per Curiam

MEMORANDUM [November 19, 1975]

 PLATT, District Judge.

 Plaintiff has moved to convene a three judge court under 28 U.S.C. §§ 2281 and 2284 alleging that he seeks an injunction restraining the enforcement of

 
(i) New York Judiciary Law §§ 90(2), 479, 482, 483, 485 and 495; and
 
(ii) Rules of the 1st and 2d Departments of the New York Supreme Court §§ 603.8, 603.10, 603.12, 691.8, 691.10 and 691.12; and
 
(iii) Disciplinary Rules of the Code of Professional Responsibility 2-101, 2-102 and 2-105

 to the extent that they prevent plaintiff from advertising his legal services insofar as they prohibit plaintiff from identifying his legal specialty or stating an hourly rate for his services in yellow page and newspaper advertising on the ground that they violate the First and Fourteenth Amendments to the United States Constitution.

 The Complaint

 Plaintiff alleges in his complaint that jurisdiction, which is not disputed, obtains under 28 U.S.C. § 1343 and 42 U.S.C. § 1983.

 Plaintiff further alleges that he resides in Queens, New York, and various persons, including bar associations, courts and attorneys who are not made defendants in this action, participated as co-conspirators in the illegal acts that are charged in his complaint and that these co-conspirators include:

 
(1) American Bar Association (founded in 1878);
 
(2) The New York State Bar Association (founded in 1876);
 
(3) Appellate Division of the Supreme Court of the 1st Department in New York State;
 
(4) Appellate Division of the Supreme Court of the 2nd Department in New York State;
 
(5) Court of Appeals of New York State;
 
(6) Other bar associations and courts in New York State or throughout the United States which have adopted or are enforcing laws or rules which prohibit attorneys ...

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