Critical Articles Led To Removal of News Racks, Federal Judge Rules

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A federal judge says the city of Yonkers selectively removed newspaper boxes belonging to a free weekly that was sharply critical of the mayor.

U.S. District Judge Charles Brieant ruled on March 3 that the city violated the First Amendment when it removed the Westchester Guardian’s news racks last year and prevented the newspaper’s employees from handing it out.

The judge made permanent an injunction that stopped the city from interfering with the newspaper’s distribution. No damages were sought, but the judge awarded legal fees to the Guardian.

He found that the city reacted to several articles that were critical of Mayor Philip Amicone.

Yonkers Corporation Counsel Frank Rubino said the city would not appeal.

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