FOR A WRIT OF
certiorari to review
the United States Court
the Ninth Circuit
Appeals decision for which review
is non-published and rejected Huminski
motion to preliminarily enjoin the enforcement of 13-2921 and his motion for partial summary judgment requesting a declaration that 13-2921 isunconstitutional.
This matter arose as an appeal of a final order denying a preliminary injunction against theenforcement of 13-2921 and denying a declarationthat 13-2921 is unconstitutional on its face.Huminski filed a motion for rehearing
onAugust 23, 2013 which was denied on October 21,2013 by the Ninth Circuit. Jurisdiction is proper pursuant to 28 U.S.C. § 1254.
The vague and overbroad plain language of 13-2921 is at odds with the First Amendment and DueProcess. U.S. Const., Amend. I, XIV Furthermore,13-2921 criminalizes and, thus chills, expression protected under the First Amendment.
Huminski, formerly a resident of Arizona, wassubject to a communication from the City of SurprisePolice Department to not have contact with an two persons pursuant to 13-2921. Huminski filed suitagainst the Surprise Defendants and requestedinjunctive and declaratory relief concerning 13-2921.The District Court denied the relief requestedconcerning 13-2921 and the Ninth Circuit affirmed.