IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA DR.

BARTOLO SPANO, CRAVEN-PAMLICO CHRISTIAN COALITION, a nonprofit organization, JERRY SCHILL, JIM BOTTCHER, PAT OCONNELL, KEN LIMMER, ARTEMIO ANEUBER, and MARY ANEUBER, Plaintiffs, vs. THE CITY OF JACKSONVILLE, SAMMY PHILLIPS, as the Mayor of Jacksonville, THE CITY COUNCIL OF JACKSONVILLE, MICHAEL G. YANIERO, in his official capacity as Jacksonville Chief of Police, and LT. SEAN MAGILL, in his official capacity as an officer of the Jacksonville Police Department, Defendants. MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION NOW COME plaintiffs, Dr. Bartolo Spano, Craven-Pamlico Christian Coalition, Jerry Schill, Jim Bottcher, Pat OConnell, Ken Limmer, Artemio Aneuber, and Mary Aneuber, by and through their undersigned counsel, and move the Court pursuant to Fed. R. Civ. P. 65(a) for entry of a temporary restraining order and/or preliminary injunction enjoining defendants, their officers, servants, agents and/or attorneys as proposed below. 1. Unless injunctive relief is ordered, plaintiffs will suffer irreparable injury, namely deprivation of the right to publicly witness on sidewalks of Jacksonville, North Carolina, as protected by the First and Fourteenth Amendments to the United States Constitution. Plaintiffs request a temporary restraining order until the court can hear and rule on their motion for preliminary injunction. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 11-cv-00187

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2. In support of this Motion plaintiffs rely upon the following: a) a Complaint For Injunctive Relief, Declaratory Relief, and Relief Pursuant to 42 U.S.C. 1983, and supporting Declaration of Dr. Bartolo Spano; b) a Supporting Memorandum filed with this Motion; and c) a proposed Temporary Restraining Order and Preliminary Injunction Order as set out below. WHEREFORE, plaintiffs request the Court to grant the following relief: First, enter a temporary restraining order and a preliminary injunction enjoining the defendants, their agents, employees, and all persons in active concert or participation with them or any of them from:
(1)

enforcing the Jacksonville Parade and Public Assembly Ordinance, Ord.

03-37, codified at Article IV, sections 23-58 through 23-74, of the City Code;
(2)

barring plaintiffs from demonstrating, as allowed by plaintiffs previously

approved permit, on the public rights of way at and near the front entrance to the Crist Clinic for Women at 250 Memorial Drive, Jacksonville, North Carolina; and
(3)

enforcing revocation of said permit, and thereby deterring and suppressing

plaintiffs intended public witness to those entering and leaving the Crist Clinic. Second, grant such other relief as is just, including damages and attorney fees. Respectfully submitted, Thomas More Society By: /s/ Peter C. Breen Peter C. Breen Executive Director & Legal Counsel 29 S. LaSalle, Ste 440 Chicago, IL 60603 Direct: (312) 782-1680 Fax: (312) 782-1887 Special Appearance as per Local Rule 83.1e Email: pbreen@thomasmoresociety.org
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Deborah Dewart, Esq. By: /s/ Deborah Dewart Deborah Dewart N.C. #30602 620 E. Sabiston Drive Swansboro, NC 28584-9674 Direct: (910) 326-4554 Fax: (877) 326-4585 Email: debcpalaw@earthlink.net

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By: /s/ Thomas Olp Thomas G. Olp Counsel for Thomas More Society 2111 Comprehensive Drive Aurora, IL 60505 Direct: (630) 692-2402 Fax: (630) 851-5040 Special Appearance as per Local Rule 83.1e Email: tolp@conwin.com

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA ) ) ) ) ) ) ) Case No. Plaintiffs, ) __________ ) vs. ) THE CITY OF JACKSONVILLE, SAMMY PHILLIPS, as the Mayor ) ) of Jacksonville, THE CITY COUNCIL OF JACKSONVILLE, MICHAEL G. YANIERO, in his official capacity as Jacksonville Chief ) ) of Police, and LT. SEAN MAGILL, in his official capacity as an ) officer of the Jacksonville Police Department, ) ) Defendants. DR. BARTOLO SPANO, CRAVEN-PAMLICO CHRISTIAN COALITION, a nonprofit organization, JERRY SCHILL, PAT OCONNELL, VIC HUSTON, KEN LIMMER, ARTEMIO ANEUBER, and MARY ANEUBER, TEMPORARY RESTRAINING ORDER The Court, having heard the plaintiffs Motion For Temporary Restraining Order (TRO) and Defendants response thereto, and finding the standard for issuance of a TRO to be met, ORDER, ADJUDGE AND DECREE as follows: Defendants, their agents, employees, and all persons in active concert or participation with them or any of them are hereby enjoined until _______________ from: 1. enforcing the Jacksonville Parade and Public Assembly Ordinance, Ord.

03-37, codified at Article IV, sections 23-58 through 23-74, of the City Code; 2. barring plaintiffs from demonstrating, as allowed by plaintiffs previously

approved parade permit, on the public rights of way at and near the front entrance to the Crist Clinic for Women at 250 Memorial Drive, Jacksonville, North Carolina; and 3. enforcing revocation of said permit, and thereby deterring and suppressing

plaintiffs intended public witness to those entering and leaving the Crist Clinic. _________________ Date
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__________________ U.S. District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA ) ) DR. BARTOLO SPANO, CRAVEN-PAMLICO CHRISTIAN ) COALITION, a nonprofit organization, JERRY SCHILL, PAT ) OCONNELL, VIC HUSTON, KEN LIMMER, ARTEMIO ) ANEUBER, and MARY ANEUBER, ) ) Case No. Plaintiffs, ) __________ ) vs. ) THE CITY OF JACKSONVILLE, SAMMY PHILLIPS, as the Mayor ) ) of Jacksonville, THE CITY COUNCIL OF JACKSONVILLE, MICHAEL G. YANIERO, in his official capacity as Jacksonville Chief ) ) of Police, and LT. SEAN MAGILL, in his official capacity as an ) officer of the Jacksonville Police Department, ) ) Defendants. PRELIMINARY INJUNCTION ORDER The Court, having heard the plaintiffs Motion For Preliminary Injunction, and Defendants answer thereto, and finding the elements of proof necessary for issuance of preliminary relief to be present, ORDER, ADJUDGE AND DECREE as follows: Defendants, their agents, employees, and all persons in active concert or participation with them or any of them are hereby enjoined from the following: 4. enforcing the Jacksonville Parade and Public Assembly Ordinance, Ord.

03-37, codified at Article IV, sections 23-58 through 23-74, of the City Code; 5. barring plaintiffs from demonstrating, as allowed by plaintiffs previously

approved parade permit, on the public rights of way at and near the front entrance to the Crist Clinic for Women at 250 Memorial Drive, Jacksonville, North Carolina; and 6. enforcing revocation of said permit, and thereby deterring and suppressing

plaintiffs intended public witness to those entering and leaving the Crist Clinic. _________________ Date
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__________________ U.S. District Judge

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