American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 67

ORDER Regarding Second Motion for Clarification at Docket 54 . (Jan, Chambers Staff)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
AMERICAN BOOKSELLERS
FOUNDATION FOR FREE
EXPRESSION, et al.,

Case No. 3:10-cv-0193-RRB

Plaintiffs,
vs.
DANIEL S. SULLIVAN, in his
official capacity as ATTORNEY
GENERAL OF THE STATE OF
ALASKA,

ORDER REGARDING SECOND
MOTION FOR CLARIFICATION

Defendant.

On October 20, 2010, at Docket 47, this Court entered a
Preliminary Injunction prohibiting enforcement of A.S. § 11.61.128
until further Order of this Court, or until the parties enter into
a stipulation that would eliminate the need for such an injunction.
On January 5, 2011, at Docket 54, the Department of Law sought
clarification of this Court’s Order, specifically regarding its
ability

to

defend

against

an

appeal

based

on

“the

former

A.S. § 11.61.128.”
It is unclear what version of the statute the Department of
Law is referencing.

However, the Court notes that the Preliminary

Injunction in this case specifically addresses changes made to the

ORDER RE SECOND MOTION FOR CLARIFICATION - 1
3:10-CV-0193-RRB

statute in January 2010, pursuant to Alaska Bill SB 222, sections
9-12. It is these changes to which Plaintiffs have objected in this
lawsuit. Accordingly, if individuals were charged under a previous
form of the statute, this Preliminary Injunction does not prohibit
the Department of Law from defending against any appeals based on
a prior version of A.S. § 11.61.128.
ENTERED this 8th day of February, 2011.
S/RALPH R. BEISTLINE
UNITED STATES DISTRICT COURT

ORDER RE SECOND MOTION FOR CLARIFICATION - 2
3:10-CV-0193-RRB