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, )

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 42

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