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BAKER v. CITY OF NEW YORK

United States District Court, S.D. New York


January 7, 2005.

RALPH BAKER, Plaintiff,
v.
THE CITY OF NEW YORK, RAYMOND W. KELLY, in his official capacity as Commissioner of the New York City Police Department, and KATHERINE OLIVER in her official capacity as Commissioner of the City of New York Office of the Mayor, Office of Film, Theater and Broadcasting, Defendants.

The opinion of the court was delivered by: THOMAS GRIESA, Senior District Judge

OPINION

Plaintiff is a street photographer. He takes pictures of persons on New York City streets and sidewalks and sells the photographs to such persons. In this action, which is the fourth of its kind, he objects that his activities are regulated under the rules pertaining to general vendors, rather than under regulations which pertain to other professional photographers. Although the allegations in the current complaint are not entirely clear, judging from prior cases, he claims that his business should be regulated so that he can obtain permits issued by the Mayor's Office of Film, Theater and Broadcasting ("MOFTB"). Plaintiff claims that the manner in which the City regulates him is a violation of his rights under the United States Constitution. The same claim was made and rejected in the following actions. Baker v. City of New York, et al., 01 Civ. 4888 (NRB); Baker v. City of New York, et al., 02 Civ. 8176 (JSM); Baker v. City of New York, et al., 03 Civ. 9292 (BSJ).

Defendant moves to dismiss the present action on the ground that it is barred by res judicata. The motion is granted and the action is dismissed.

  SO ORDERED.

20050107

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