Archives of the Mayor's Press Office

FOR IMMEDIATE RELEASE
Date:Friday, October 22, 1999

Release # 431-99

Contact: Sunny Mindel/ Edward Skyler (212) 788-2958


COURT OF APPEALS UPHOLDS CITY'S DECISION TO BAR KKK FROM PROTESTING WITH MASKS

The Court of Appeals for the Second Circuit today upheld the Police Department's decision to deny a permit sought by the KKK to demonstrate on Saturday. In reversing the decision of the District Court, the Court of Appeals determined that the Police Department's action in denying the permit was not "content based," that is,

that it was applied neutrally. The denial of the permit was premised on the state law that says, "A person is guilty of loitering when he…being masked…loiters, remains or congregates in a public place with other persons so masked…."

Mayor Rudolph W. Giuliani said, "This was a rational conclusion. Hate groups like the KKK should be accountable for their actions. They should not be able to hide behind masks in the event they act unlawfully. Moreover, decent people of common sense are revolted by the KKK's message and will surely reject it."

Michael D. Hess, the City's Corporation Counsel said, "The Court of Appeals' decision is well-reasoned and logical. It supports a principle embodied in a nineteenth century state statue that prohibits masked protests and enables the City to avoid violence and maintain public safety."

Mayor Giuliani also expressed his appreciation to Michael D. Hess and the attorneys at the Law Department and the Police Department for having represented the City's interests so well and on such short notice.

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