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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 non-profit Organization, JERRY SCHILL, JIM BOTTCHER, PAT O'CONNELL, 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. Y ANIERO, in his official capacity as Jacksonville Chief ofPolice, and LT. SEAN MAGILL, in his official capacity as an officer of the Jacksonville Police Department, Defendants

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CIVIL ACTION NO. 4:1l-CV-0001S7

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PRELIMINARY INJUNCTION ORDER
The Court, having heard the plaintiffs' Motion for Preliminary Injunction, defendants' opposition and plaintiffs' reply, as well as oral argument of same from both parties on November 21, 20 II, finds the elements of proof necessary for issuance of preliminary relief to be present, and hereby ORDERS 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: I. enforcing the City of Jacksonville's Parade and Public Assembly Ordinance (the

Ordinance), codified at Article IV, sections 23-58 through 23-74, in such a manner that it

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operates or is interpreted to mandate that a permit be required for public assembly ofless than \2:'persons for a common purpose; 2. enforcing the Ordinance in such a manner that it operates or is interpreted to

mandate that its definition of "public assembly" extends beyond the City'S sidewalks or public rights of way; 3. barring plaintiffs from demonstrating on the sidewalks or public rights of way at

and near the entrances to the Crist Clinic for Women at 250 Memorial Drive, Jacksonville, North Carolina, for all times that this injunction remains in effect and for a period of not less than sixty (60) days after a revised Ordinance is formally adopted by the City and plaintiffs have an opportunity to apply for a permit, if one is desired, under its terms. Any such demonstrations shall be consistent with the terms of the plaintiffs' previously issued parade permit not otherwise invalidated by this order, and in compliance with any other traffic and safety regulations that ~ 1-11'.J.. would be equally applicable to any other;1iemonstrators in the City's jurisdiction.

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The Court directs a return date for this preliminary injunction of ~ days, at which time the parties are to report on the status oftheir efforts to develop a Consent Order under which the City would undertake to revise the Ordinance with the Court's supervision. Defendants' obligation to answer or otherwise respond to the Complaint in this action is stayed until further notice of Court.

This the

day ofNovember, 2011.

United States District Judge Terrence W. Boyle

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