5/3/2023 0 Comments Newsrack mediaAlthough plaintiff never received approval from the MTA, on ApGannett began distributing USA Today through newsracks which it had placed at both Metro-North and LIRR stations. On April 4, 1983, just one week before it planned to commence distributing USA Today in the New York area, plaintiff first contacted the MTA seeking permission to place newsracks at various LIRR and Metro-North stations. In September 1982, Gannett began to publish USA Today, a daily morning newspaper. See Def.Rule 3(g) Statement at § 1 ¶ 5 Def.Mem. Since at least 1965, several commercial newspapers have maintained newsracks at commuter train stations, owned or leased by defendants, pursuant to license agreements which require each newspaper to pay an annual fee of the greater of $25 per machine or $50 per station and to adhere to various conditions on the placement of the racks. For the reasons stated below, plaintiff's motion is granted. The case is currently before the Court on the parties' cross-motions for summary judgment. Gannett seeks to have the Court permanently enjoin defendants “from removing, tampering with, limiting, imposing fees or conditions upon, or in any other way disturbing the placement by plaintiff of newsracks in public areas of railroad passenger stations owned, operated, controlled, or maintained by defendants in the Metropolitan Area.” Complaint at 15. § 1983, alleging that defendants' licensing scheme violates its rights under the First and Fourteenth Amendments to the United States Constitution and Article I, § 8 of the New York State Constitution. (“Gannett”), publisher of the national daily newspaper USA Today commenced this action on Augpursuant to 42 U.S.C. Plaintiff Gannett Satellite Information Network, Inc. , to require newspapers to obtain a fee-bearing license prior to placing coin-operated newspaper vending machines *92 (“newsracks”) at commuter railroad stations owned or controlled by the MTA through its subsidiaries, the Long Island Railroad Company (“LIRR”) and the Metro-North Commuter Railroad Company (“Metro-North”) (collectively “MTA” or “defendants”). This action presents interesting constitutional questions concerning the power of the Metropolitan Transportation Authority (the “MTA”), a public benefit corporation existing pursuant to Title 11 of Article 5 of the New York Public Authorities Law, § 1260 et seq.
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