Landow v. City of Fort Collins

Filing 48

ORDER granting 46 The parties Joint Motion for Entry of Stipulated Permanent Injunction. by Judge William J. Martinez on 3/24/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 15-cv-0281-WJM-KMT
ABBY LANDOW,
JEFFREY ALAN,
SUSAN WYMER,
LAWRENCE BEALL,
GREENPEACE INC., and
NANCY YORK,
Plaintiffs,
v.
CITY OF FORT COLLINS,
Defendant.

ORDER GRANTING JOINT MOTION FOR STIPULATED PERMANENT INJUNCTION

This matter is before the Court on the Parties’ Joint Motion for Entry of Stipulated
Permanent Injunction, filed April 24, 2015. (ECF No. 46.) The Court having reviewed
the Motion and being fully advised hereby FINDS as follows:
1.

Plaintiffs Abby Landow, Jeffrey Alan, Susan Wymer, Lawrence Beal,
Greenpeace, Inc., and Nancy York initiated this action against Defendant
City of Fort Collins seeking to enjoin Defendant from enforcing various
provisions of Section 17-127 of the Fort Collins Municipal Code, titled
“Panhandling” (“the Ordinance”). Plaintiffs also sought to enjoin
Defendant from arresting, citing, or ticketing persons who are only
soliciting passively by means of a sign or other indication that donations
are invited.

2.

Plaintiffs sought interim injunctive relief, and a hearing on Plaintiffs’ Motion
for Preliminary Injunction was set for March 2, 2015.

3.

On February 27, 2015, Defendant repealed the challenged provisions of
the Ordinance.

4.

The hearing on Plaintiffs’ Motion for Preliminary Injunction was
rescheduled for March 27, 2015.

5.

The parties have stipulated to the entry of a permanent injunction
prohibiting Defendant from arresting, ticketing, citing, or otherwise
interfering with individuals who are solely engaged in passive solicitation.
Passive solicitation is defined as passively standing or sitting with a sign
or other indication that they are seeking donations, without addressing
their solicitation to any specific person, other than in response to an
inquiry by that person.

6.

This Court has jurisdiction over this action and, therefore, the authority to
enter the parties’ stipulated permanent injunction.

Therefore, it is HEREBY ORDERED that:
1.

The parties’ Joint Motion for Entry of Stipulated Permanent Injunction
Against Defendant (ECF No. 46) is GRANTED;

2.

Defendant City of Fort Collins, along with Defendant’s principals, officers,
agents, servants, employees, and representatives, is PERMANENTLY
ENJOINED and restrained from arresting, ticketing, citing, or otherwise
interfering with individuals who are solely engaged in passive solicitation.
Passive solicitation is defined as passively standing or sitting with a sign

or other indication that they are seeking donations, without addressing
their solicitation to any specific person, other than in response to an
inquiry by that person.
Dated this 24th day of April, 2015.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge