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The Brooklyn Institute of Arts & Sciences v. The City of New York and Rudolph Giuliani
United States District Court for the Eastern District of New York
64 F. Supp. 2d 184 (1999)
The city of New York (the city) (defendant) was contractually obligated to provide funds for the upkeep of the building that houses the Brooklyn Institute of Arts & Sciences (the museum) (plaintiff). The city’s mayor, Rudolph Giuliani (defendant), took offense to an exhibit of young British artists’ work that was scheduled to come to the museum. One piece was considered especially sacrilegious by Giuliani and other Catholics. Giuliani and other city officials threatened to withhold monthly maintenance funds if the museum went forward with the exhibit. The museum proceeded with the exhibit, and the city ended funding. The city brought an action in state court to eject from the museum from the property. The museum brought an action in federal district court, seeking a preliminary injunction. Giuliani and the city moved for dismissal of the museum’s claim.
Rule of Law
Holding and Reasoning (Gershon, J.)
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