United States District Court, S.D. New York
January 7, 2005.
RALPH BAKER, Plaintiff,
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
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.
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