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JENNER & BLOCK LLP ANDREW J. THOMAS (Bar No. 159533) ajthomas@jenner.com LISA J. KOHN (Bar No. 260236) lkohn@jenner.com CHRISTINA AVEDISSIAN (Bar No. 288067) cavedissian@jenner.com 633 West 5th Street, Suite 3600 Los Angeles, CA 90071 Telephone: 213 239-5100 Facsimile: 213 239-5199 ACLU FOUNDATION OF SOUTHERN CALIFORNIA PETER J. ELIASBERG (Bar No. 189110) peliasberg@aclu-sc.org 1313 West 8th Street Los Angeles, CA 90017 Telephone: 213 977-9500 Facsimile: 213 977-5299 Attorneys for Plaintiff, EFREN MONTIEL JIMENEZ UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

EFREN MONTIEL JIMENEZ, Plaintiff, v. COUNTY OF SAN BERNARDINO, Defendant.

Case No. EDCV13-02163 DSF (RZx) EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: ENTRY OF PRELIMINARY INJUNCTION Judge: Hon. Dale S. Fischer Date: To Be Determined Time: To Be Determined Ctrm: 840 – Roybal Building

Plaintiff’s Application for Temporary Restraining Order

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Plaintiff Efren Montiel Jimenez hereby applies ex parte to the Court for a Temporary Restraining Order and Order to Show Cause re Preliminary Injunction, prohibiting defendant, the County of San Bernardino (the “County”), from refusing to display two of his paintings at the County Government Center as part of the County’s fifth annual National Hispanic Heritage Month Art Exhibit (the “2013 Exhibit”). This matter is urgent because the 2013 Exhibit is currently scheduled to end on Friday, November 29, 2013 and to be dismantled on Monday, December 2, 2013. Plaintiff seeks to have his paintings restored to the 2013 Exhibit and for the duration of the 2013 Exhibit to be extended by the number of days that his paintings were unlawfully ordered to be removed so that the censored works can be publicly displayed for the full period of time originally afforded by the County. This relief would be more valuable and effective if granted before the 2013 Exhibit is scheduled to be dismantled after November 29, 2013. This Application is made pursuant to Rule 65 of the Federal Rules of Civil Procedure and Local Rule 7-19 of the Local Rules of the United States District for the Central District of California, and is based on the attached Declarations of Rudy Ramirez, Brad Borrero, Peter Eliasberg, and Lisa J. Kohn, the attached Memorandum of Points and Authorities, the accompanying Proposed Order, the Complaint filed in this action on November 22, 2013, and such other matters as may be presented to the Court at a hearing on this Application. This Application is made on the following grounds: 1. Plaintiff has a substantial likelihood of success on the merits of his claim

against the County for violation of 42 U.S.C. § 1983 for the deprivation of his First Amendment right to freedom of expression, because the County created a designated public forum and then requested that Plaintiff’s artwork be removed from the Government Center without a compelling government interest or a narrowly tailored scheme for exclusion.
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Plaintiff’s Application for Temporary Restraining Order

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2.

Plaintiff will suffer irreparable harm if this injunction is not granted. It is

well established that Plaintiff’s loss of his First Amendment freedoms, for even a short period of time, unquestionably constitutes irreparable harm. 3. The balance of hardships weighs decidedly in Plaintiff’s favor, as the only

potential harm to the County in the event of a temporary restraining order is the possibility of displeasing the small number of visitors and County employees the County claims complained about the subject matter of two of Plaintiff’s paintings and one painting by artist Armando Aleman. In contrast, denying the temporary restraining order would stifle Plaintiff’s First Amendment right to free expression. 4. The public interest strongly favors the issuance of a temporary restraining

order, because there is significant public interest in upholding First Amendment principles and allowing access to constitutionally protected expression.

WHEREFORE, Plaintiff respectfully requests that the Court enter a Temporary Restraining Order, pending hearing on an Order to Show Cause, (1) enjoining the County from refusing to exhibit Plaintiff’s paintings in the Government Center; and (2) extending the duration of the 2013 Exhibit for the full period the TRO remains in effect under FRCP 65. Plaintiff further requests that that Court enter an Order to Show Cause for Issuance of a Preliminary Injunction, directing the County to show why a preliminary injunction should not issue (1) enjoining the County from refusing to exhibit Plaintiff’s paintings in the Government Center for the pendency of this action; and (2) extending the duration of the 2013 Exhibit for the number of days that Plaintiff’s paintings were unlawfully removed from the exhibit, so that his censored artworks can be publicly displayed for the full period of time originally afforded by the County. Counsel for Plaintiff gave notice of this TRO Application to County Counsel Jean-Rene Basle on November 25, 2013 by telephone and e-mail, and provided further
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notice by telephone to attorney Teresa M. McGowan of the County Counsel’s office on November 26, 2013. The contact information for Mr. Basle is: Jean-Rene Basle County Counsel County of San Bernardino 385 N. Arrowhead Avenue, 4th Floor San Bernardino, CA 92415 Telephone: (909) 387-5455 Fax: (909) 387-5462 E-mail: jbasle@cc.sbcounty.gov The contact information for Ms. McGowan is: Teresa M. McGowan County Counsel’s Office County of San Bernardino 385 N. Arrowhead Avenue, 4th Floor San Bernardino, CA 92415 Telephone: (909) 387-5283 Fax: (909) 387-4069 E-mail: tmcgowan@cc.sbcounty.gov

Dated: November 26, 2013 By:

JENNER & BLOCK LLP

s/Andrew J. Thomas Andrew J. Thomas

ACLU FOUNDATION OF OF SOUTHERN CALIFORNIA By: s/Peter J. Eliasberg Peter J. Eliasberg Attorneys for Plaintiff Efren Montiel Jimenez
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