Central Alabama Fair Housing Center et al v. Magee et al

Filing 88

PRELIMINARY INJUNCTION: In accordance with the opinion issued today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The plaintiffs' 13 Motion for Preliminary Injunction is granted. (2) Defendants Julie Magee and Jimmy Stubb s, and all those acting in concert with them, are preliminarily ENJOINED as further set out in the order. (3) Defendants Magee and Stubbs, and all those acting in concert with them, are preliminarily ENJOINED as further set out in the order. (4) Defe ndant Magee is to notify immediately all county officials, who are responsible for enforcing the manufactured home registration requirements of 1975 Ala. Code § 40-12-255, of this preliminary injunction. (5) The court preliminarily DECLARES that it is not a criminal violation of § 30 of HB 56 for an individual who owns, maintains, or keeps a manufactured home to make or attempt to make a registration payment and obtain a registration decal without providing proof of U.S. citizenship or lawful immigration status. The plaintiffs are not required to post any security while this preliminary injunction remains in effect. 42 U.S.C. § 3613(b)(2). Signed by Honorable Judge Myron H. Thompson on 12/12/2011. (Attachments: # 1 Civil Appeals Checklist) (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

CENTRAL ALABAMA FAIR
HOUSING CENTER, et al.,
Plaintiffs,
v.
JULIE MAGEE, in her
official capacity as
Alabama Revenue
Commissioner, and
JIMMY STUBBS, in his
official capacity as
Elmore County Probate
Judge,
Defendants.

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CIVIL ACTION NO.
2:11cv982-MHT
(WO)

PRELIMINARY INJUNCTION
In accordance with the opinion issued today, it is the
ORDER, JUDGMENT, and DECREE of the court as follows:
(1) The plaintiffs’ motion for preliminary injunction
(doc. no. 13) is granted.
(2) Defendants Julie Magee and Jimmy Stubbs, and all
those acting in concert with them, are preliminarily
ENJOINED from requiring any person who attempts to pay the

annual

registration

fee,

required

by

1975

Ala.

Code

§ 40-12-255, to prove his or her U.S. citizenship or
lawful immigration status.
(3) Defendants Magee and Stubbs, and all those acting
in concert with them, are preliminarily ENJOINED from
refusing to issue the manufactured home decal, required by
1975 Ala. Code § 40-12-255, to any person because that
person cannot prove his or her U.S. citizenship or lawful
immigration status.
(4) Defendant Magee is to notify immediately all
county officials, who are responsible for enforcing the
manufactured home registration requirements of 1975 Ala.
Code § 40-12-255, of this preliminary injunction.
(5) The court preliminarily DECLARES that it is not a
criminal violation of § 30 of HB 56 for an individual who
owns, maintains, or keeps a manufactured home to make or
attempt

to

registration

make

a

decal

registration
without

payment

providing

citizenship or lawful immigration status.

2

and

proof

obtain
of

a

U.S.

The plaintiffs are not required to post any security
while this preliminary injunction remains in effect.
U.S.C. § 3613(b)(2).
DONE, this the 12th day of December, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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