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The plaintiffs, a consortium of private clubs, sought an order declaring unconstitutional New York City Local Law 63. This Law stipulates that clubs with more than 400 members that provide regular meal services and regularly receive payment directly or indirectly from or on the behalf of nonmembers for the furtherance of trade or business would not to be considered "distinctly private" and, thus, would be subject to the City's Human Rights Law prohibiting discrimination on the basis of race, creed, sex, and other grounds. The plaintiffs contended that the Law violated their First Amendment rights of free association and expression. The US Supreme Court upheld the constitutionality of the Law, concluding, among other things, that the plaintiffs did not show that the Law would be invalid as applied to all covered clubs and that individual clubs that believed that their rights had been infringed had ample opportunity to challenge the way the Law was applied to them.
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