Fifth Avenue has long been a historic stage for marches and demonstrations. Every year, the Puerto Rican Day Parade, the St. Patrick's Day Parade, the Salute to Israel Day Parade, and many others are allowed to march on Fifth Avenue. In 2001, the city passed a rule forbidding the granting of new permits to anyone for marches or parades on Fifth Avenue who did not already hold such a permit. This amendment effectively prohibits political marches which, yb their very nature, are in reaction to current events and are not annual affairs. By de facto barring political demonstrations, the policy infringes on the rights of New Yorkers to protest during these serious political times.

Since the Giuliani Administration, the City of New York has restricted the right to peaceably assemble and march. Just as Giuliani sought to prevent the Million Youth March in the late 1990's, the Bloomberg administration has prohibited marches on First AVenue and rallies in CEntral Park and has imposed other severe limitations on the First Amendment rights of New YOrk's citizens. At issue in this case is a throwback to the Giuliani administration, a rule that prohbits most policail marches anywhere on Fifth Avenue.

This suit is filed in the wake of the City's refusal to grant a permit for a planned March 19th march down 5th Avenue from Central Park to Mayor Bloomberg's house on 79th Street.