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The
NEUBERGER FIRM
*O'Brien v.
District of Columbia Armory Board,
ORDER STANLEY J. HARRIS, District Judge. Before the Court is plaintiff's motion for a temporary restraining order. Defendants were given notice of this application for a temporary restraining order by delivery of the pleadings to their attorneys or registered agents on the morning of June 27, 1994. Upon consideration of the filings and oral arguments of counsel presented to the Court on June 27, 1994, the Court finds that: (1) plaintiff has shown a strong likelihood of success on the merits, cf. Stewart v. D.C. Armory Bd., 789 F.Supp. 402 (D.D.C.1992); Stewart v. D.C. Armory Bd., 863 F.2d 1013 (D.C.Cir.1988); (2) if the defendants are not restrained, plaintiff will be immediately and irreparably injured because he will be denied his freedom of speech; (3) other interested parties will not suffer harm if the injunction is granted; and (4) the public interest will be furthered by the injunction. Accordingly, it hereby is ORDERED, that the defendants and their agents, employees, servants, officers, attorneys, successors, assigns, and all others acting in concert or participation with them are: (a) enjoined to comply with the Consent Decree, as to plaintiff Paul D. O'Brien, entered by Judge Joyce Hens Green in Thate v. District of Columbia Armory Bd., 804 F.Supp. 373 (D.D.C.1992) ("Thate Consent Decree"); (b) enjoined and restrained from interfering with the placement of political or religious signs by plaintiff Paul D. O'Brien at RFK Stadium during the World Cup, subject to the restrictions in the sign and banner regulation set forth in Exhibit B to the Thate Consent Decree; (c) enjoined and restrained from enforcing the sign policy set forth on the World Cup 1994 ticket insofar as it prohibits plaintiff's display of political and religious signage; (d) enjoined to instruct and brief affected police officers, private security officers, agents, employees, servants, and those persons in active concert or participation with them at appropriate pre-game musters or other meetings or briefings prior to the June 28 and remaining 1994 World Cup games at RFK Stadium, to act in compliance with this Order; and (e) enjoined and restrained from violating the terms and conditions of the Thate Consent Decree as it applies for the benefit of plaintiff. It hereby further is ORDERED, that plaintiff shall post a bond in the amount of $250.00 without surety as security for the payment of such costs and expenses as may be incurred or suffered by defendants if it should be determined that they have been wrongfully enjoined or restrained. It hereby further is ORDERED, that this Order shall become effective upon execution provided that the above-mentioned bond without surety is filed with the Court no later than June 28, 1994. SO ORDERED. |