New York Court of Appeals

The People of the State of New York v. Marion A. Stover and Webster Stover

May 9, 196312 N.Y.2d 462

Summary

The New York Court of Appeals affirmed the convictions of Mr. and Mrs. Stover, holding that the city ordinance banning clotheslines in front and side yards is a valid exercise of the police power and does not violate the First Amendment. The Court reasoned that aesthetic considerations may legitimately inform zoning regulations and that the ordinance is not a content-based restriction on speech. Justice Voorhis dissented, arguing that the ordinance exceeds the municipality's zoning authority and infringes constitutional rights.