RAILWAY EXPRESS AGENCY V. NEW YORK
336 U.S. 106 (1949)
NATURE OF THE CASE: This is an appeal of a decision upholding an ordinance against an
Equal Protection challenge.
FACTS: Section 124 of the city's traffic regulations forbids operating an advertising
vehicle, but permits putting of business notices upon business delivery vehicles. The
appellant agency is engaged in a nationwide express business. It operates about 1,900 trucks
in the city and sells the space on the exterior sides of these trucks for advertising, for
the most part unconnected with its own business. It was convicted. The state court concluded
that advertising on vehicles constitutes a distraction to vehicle drivers and to pedestrians
and therefore affects the safety of the public in the use of the streets. D contends that
the regulation violated equal protection because it did not apply to business notices upon
business delivery vehicles if the vehicles were engaged in usual business or regular work
and not used merely for advertising.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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