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Case 7:10-cv-02067-SLB Document 5 Filed 08/04/10 Page 1 of 6 FILED

2010 Aug-04 PM 03:00
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION

WILLIAM JOHNSON, ANNIE PEARL *
LEFTWICH, BOBBI MORGAN, DONALD *
MEANS, ERNEST EDMONDS, FAIRY *
GORDON, IRIS SERMON, JOHNNY BUTLER, *
MERJEAN LITTLE, MOSES JONES, VASSIE *
BROWN, WILLIE MAE REEVES, BEVERLY *
GORDON, JOHNNY B. MORROW, FANNIE *
ISHMAN, LESLIE CHEATEM, MARGIE *
JAMES, BOBBY SINGLETON, A. J. *
MCCAMBELL, JOHNNY FORD, LOUIS *
MAXWELL, MARY RUTH WOODS, LISA M. *
WARE, CLARA P. GRIMMETT, CHARLES *
CHAMBLISS, JOHNNIE B. HARRISON, G. *
DYANN ROBINSON, SHIRLEY W. CURRY, *
SARAH STRINGER, MILES D. ROBINSON, and *
WILLIE LEE PATTERSON, individually and on *
behalf of others similarly situated, *
*
Plaintiffs, *
* Civil Action No.
v. * 7:10-cv-02067-SLB
*
BOB RILEY, in his individual capacity and in his * Three-judge court
official capacity as Governor of Alabama, and * requested
JOHN M. TYSON, JR., individually and in his *
official capacity as special prosecutor and task *
force commander of the Governor’s Task Force on *
Illegal Gaming, *
*
Defendants. *

PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER
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Plaintiffs William Johnson et al., through undersigned counsel, pursuant to

Rule 65, Fed.R.Civ.P., move for entry of a temporary restraining order by the

single-judge Court to preserve the status quo in Macon County pending the

convening of a three-judge court in this action and a hearing on plaintiffs’ pending

motion for a preliminary injunction. As grounds for their motion, plaintiffs would

show as follows:

1. Plaintiffs rely on the statements made in their motion for preliminary

injunction, Doc. 3, and their supporting brief, Doc. 4.

2. As shown by the motion filed by defendant Tyson August 2, 2010, in the

Circuit Court of Macon County, Jones v. Tyson, CA No. CV-2010-15 (copy

attached hereto as Exhibit A), defendants in the instant action intend to use the

Governor’s Task Force to raid and shut down Victoryland within the next few

days.

3. Counsel for plaintiffs emailed the complaint, motion for preliminary

injunction and supporting brief to Sonny Reagan (counsel for Gov. Riley), John

Tyson, and Attorney General Troy King on Monday, August 2.

4. The affidavit of Fred D. Gray attached hereto verifies the allegations of

the complaint and the motion and brief supporting plaintiffs’ motion for a

preliminary inunction.

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5. Pursuant to 42 U.S.C. § 2284(3), “[a] single judge . . . may grant a

temporary restraining order on a specific finding, based on evidence submitted,

that specified irreparable damage will result if the order is not granted, which

order, unless previously revoked by the district judge, shall remain in force only

until the hearing and determination by the district court of three judges of an

application for a preliminary injunction.” E.g., Puerto Rican Legal Defense and

Education Fund, Inc. v. City of New York, 769 F.Supp. 74, 75-76 (E.D. N.Y.

1991).

6. There is a substantial likelihood that plaintiffs will prevail on the merits.

See Doc. 4.

7. Plaintiffs and the class they seek to represent will suffer irreparable injury

unless the preliminary injunction issues. See Doc. 4 at 17-20.

8. Defendants will suffer no irreparable injury if a preliminary injunction is

entered. Alternatively, the threatened injury to plaintiffs and the class they seek to

represent outweighs whatever damage the proposed injunction may cause

defendants. As a matter of law, Congress has determined the balance of equities in

favor of plaintiffs by declaring that under § 5 of the Voting Rights Act, 42 U.S.C. §

1973c, the burden of time and inertia must be placed on the state. See Doc. 4 at 3

(citing Riley v. Kennedy, 553 U.S. 406, 128 S.Ct. 1970, 1977 (2008)). Moreover,

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the assertion of defendant Tyson at page 3 of Exhibit A that “[t]he State has an

interest of the highest order in enforcing its criminal laws” is disingenuous, since

defendants have waited over six years to implement their non-judicial law

enforcement policies and practices, which have never been submitted for

preclearance under § 5.

9. If issued, the injunction would not be adverse to the public interest. To

the contrary, it would carry out Congress’ intent in enacting § 5 of the Voting

Rights Act, which is to shift the burden of time and inertia to the state to

demonstrate that changes in standards, practices or procedures affecting voting will

have neither the purpose nor the effect of denying or abridging the right to vote of

African Americans.

WHEREFORE, plaintiffs pray that the Court will enter a temporary

restraining order preserving the status quo pending a hearing on preliminary

injunction before a three-judge court in this action by prohibiting defendants Riley

and Tyson and those acting in concert with them or at their direction from

implementing Executive Order 44 and amended Executive Order 44 and from

conducting further police raids in Macon County.

C. Plaintiffs further pray that the court will exercise its discretion under

Rule 65(c), Fed.R.Civ.P., and waive the requirement that plaintiffs give security in

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an amount that the court considers proper to pay the costs and damages sustained

by any party found to have been wrongfully enjoined or restrained. Alternatively,

plaintiffs offer to post security in the form of a bond, or as otherwise required by

the Court, in such sum as the Court deems necessary.

Respectfully submitted this 4th day of August, 2010,

Edward Still s/James U. Blacksher
Bar No. ASB-4786-I 47W Bar No. ASB-2381-S82J
2112 11th Avenue South P.O. Box 636
Suite 541 Birmingham AL 35201
Birmingham, AL 35205 205-591-7238
205-320-2882 Fax: 866-845-4395
fax 205-449-9752 E-mail: jblacksher@ns.sympatico.ca
E-mail: still@votelaw.com
Fred D. Gray
Bar No. ASB-1727-R63F
Gray, Langford, Sapp, McGowan,
Gray & Nathanson
P. O. Box 830239
Tuskegee , AL 36083-0239
Attorneys for plaintiffs 334-727-4830
Fax: 334-727-5877
E-mail: fgray@glsmgn.com

CERTIFICATE OF SERVICE

I hereby certify that on August 4, 2010, I electronically filed the foregoing
with the Clerk of the Court using the CM/ECF system, and I sent by first class mail
notification of such filing to the attorneys listed below; I further certify that I sent
an unfiled draft of this motion (and its attachments) to the attorneys and informed
them that I would present this to the Court at approximately 3:30 this afternoon:

John M. Tyson, Jr. Hon. Bob Riley
Task Force Commander Governor's Office

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Office of Governor Bob Riley State Capitol
600 Dexter Avenue 600 Dexter Avenue
Montgomery, Alabama 36130 Montgomery, Alabama 36130

John M. Tyson, Jr. Hon. Troy King
District Attorney Attorney General
205 Government Street Suite C-501 500 Dexter Ave.
Mobile, Alabama 36644 Montgomery AL 36130

Respectfully submitted,

s/ Edward Still

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