Georgia Latino Alliance for Human Rights et al v. Deal et al

Filing 29

MOTION for Preliminary Injunction with Brief In Support by Alterna, Asian American Legal Advocacy Center, Paul Bridges, Coalition for the People's Agenda, Coalition of Latino Leaders, DREAM Activist.org, Jane Doe # 1, John Doe # 1, Jane Doe # 2, John Doe # 2, Paul J. Edwards, Georgia Latino Alliance for Human Rights, Sharon Gruner, Everitt Howe, Instituto de Mexico, Inc. of Atlanta, Ernesto Pinon, Service Employees International Union, Jaypaul Singh, Southern Regional Joint Board of Workers' United, Benjamin Speight, Task Force for the Homeless. (Attachments: # 1 Brief Memorandum in Support of Motion for Preliminary Injunction, # 2 Index of Exhibits, # 3 Exhibit Exhibit 1 Georgia House Bill 87, # 4 Exhibit Exhibit 2 Declaration of Abraham F. Lowenthal, # 5 Exhibit Exhibit 3 Declaration of Jane Doe 2, # 6 Exhibit Exhibit 4 Declaration of David S. Kennedy, Jr., # 7 Exhibit Exhibit 5 Declaration of Paul Bridges, # 8 Exhibit Exhibit 6 Declaration of Benjamin Speight, # 9 Exhibit Exhibit 7 Declaration of Everitt Howe, # 10 Exhibit Exhibit 8 Declaration of Paul C. Edwards, Jr., # 11 Exhibit Exhibit 9 Declaration of Sharon Gruner, # 12 Exhibit Exhibit 10 Declaration of Jane Doe 1, # 13 Exhibit Exhibit 11 Declaration of George Gascon, # 14 Exhibit Exhibit 12 Declaration of Eduardo Gonzalez, # 15 Exhibit Exhibit 13 Declaration of Lewis Smith, # 16 Exhibit Exhibit 14 Declaration of Ernesto Pion, # 17 Exhibit Exhibit 15 Declaration of Jaypaul Singh, # 18 Exhibit Exhibit 16 Declaration of John Doe 1, # 19 Exhibit Exhibit 17 Declaration of John Doe 2, # 20 Exhibit Exhibit 18 Declaration of Silvia America Gruner, # 21 Exhibit Exhibit 19 Declaration of Anton Flores, # 22 Exhibit Exhibit 20 Declaration of Adelina C. Nicholls, # 23 Exhibit Exhibit 21 Declaration of Anita Beaty, # 24 Exhibit Exhibit 22 Declaration of Helen Kim Ho, # 25 Exhibit Exhibit 23 Declaration of Mohammad Abdollahi Ali-Beik, # 26 Exhibit Exhibit 24 Declaration of Eliseo Medina, # 27 Exhibit Exhibit 25 Declaration of Harris Raynor, # 28 Exhibit Exhibit 26 Declaration of Gabriela Gonzalez-Lamberson, # 29 Exhibit Exhibit 27 Declaration of Molly Lauterback and Exhibits A through F, # 30 Exhibit Exhibit 28 Exhibits G through J for Declaration of Molly Lauterback, # 31 Exhibit Exhibit 29 Exhibits K through M for Declaration of Molly Lauterback, # 32 Text of Proposed Order Proposed Order Granting Motion for Preliminary Injunction)(Lapointe, Michelle) (Attachment 20 replaced on 6/10/2011) (dgs). (Attachment 29 replaced on 6/10/2011) (dgs).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
Georgia Latino Alliance for Human
Rights, et al.,
Plaintiffs,
v.
Governor Nathan Deal, et al.,
Defendants.

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Case No. 1:11-cv-1804-TWT

PLAINTIFFS’ NOTICE OF MOTION AND MOTION FOR
PRELIMINARY INJUNCTION
PLEASE TAKE NOTICE that Plaintiffs Georgia Latino Alliance for Human
Rights, et al., hereby move the Court for a preliminary injunction enjoining all
Defendants from enforcing Georgia House Bill 87 (“HB 87”). As set forth in
detail in the Memorandum in Support of Plaintiffs’ Motion for Preliminary
Injunction filed herewith, Plaintiffs have established that they are likely to succeed
on the merits of their claims that HB 87 violates the Supremacy Clause, the Fourth
Amendment, the constitutional right to travel, and the separation-of-powers
requirement of Article I, Section II, Paragraph 3 of the Georgia Constitution; that
Plaintiffs will suffer irreparable harm if the Court does not enjoin HB 87; that

Defendants will suffer little to no harm if the Court were to preserve the status quo
pending adjudication of this matter on the merits; that the balance of hardships tips
strongly in their favor; and that a preliminary injunction in this case advances the
public interest.

Dated: June 8, 2011

Respectfully submitted,1
/s/ Michelle Lapointe
Michelle Lapointe
On behalf of Attorneys for Plaintiffs

Linton Joaquin (pro hac vice)
Karen C. Tumlin (pro hac vice)
Nora A. Preciado*
Melissa S. Keaney (pro hac vice)
NATIONAL IMMIGRATION LAW
CENTER
3435 Wilshire Boulevard, Suite 2850
Los Angeles, California 90010
T: [phone]
F: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Omar C. Jadwat*
Andre Segura*
Elora Mukherjee*
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION
125 Broad Street, 18th Floor
New York, New York 10004
T: [phone]
F: [phone]
[e-mail]
[e-mail]
[e-mail]

Naomi Tsu (GSB No. 507612)
Michelle R. Lapointe (GSB No. 007080)
Daniel Werner (GSB No. 422070)

Cecillia D. Wang (pro hac vice)
Katherine Desormeau (pro hac vice)
AMERICAN CIVIL LIBERTIES

1

Counsel certifies this document has been prepared in accordance with L.R. 5.1.

SOUTHERN POVERTY LAW CENTER
233 Peachtree St., NE, Suite 2150
Atlanta, Georgia 30303
T: [phone]
F: [phone]
[e-mail]
[e-mail]
[e-mail]

UNION FOUNDATION IMMIGRANTS’
RIGHTS PROJECT
39 Drumm Street
San Francisco, California 94111
T: [phone]
F: [phone]
[e-mail]
[e-mail]

Mary Bauer (GSB No. 142213)
Andrew H. Turner*
Samuel Brooke*
SOUTHERN POVERTY LAW CENTER
400 Washington Ave.
Montgomery, Alabama 36104
T: [phone]
F: [phone]
[e-mail]
[e-mail]
[e-mail]

Chara Fisher Jackson (GSB No. 386101)
Azadeh N. Shahshahani (GSB No.
509008)
ACLU OF GEORGIA
1900 The Exchange, Suite 425
Atlanta, Georgia 30339
T: [phone]
[e-mail]
[e-mail]

Tanya Broder (pro hac vice)
Jonathan Blazer*
NATIONAL IMMIGRATION LAW
CENTER
405 14th Street, Suite 1400
Oakland, California 94612
T: [phone]
F: [phone]
[e-mail]
[e-mail]

G. Brian Spears (GSB No. 670112)
1126 Ponce de Leon Ave., N.E.
Atlanta, Georgia 30306
T: [phone]
F: [phone]
[e-mail]

Sin Yen Ling*
ASIAN LAW CAUCUS
55 Columbus Avenue
San Francisco, California 94111
T: [phone] x 110
F: [phone]
[e-mail]

R. Keegan Federal, Jr. (GSB No. 257200)
FEDERAL & HASSON, LLP
Two Ravinia Drive, Ste 1776
Atlanta, Georgia 30346
T: [phone]
F: [phone]
Charles H. Kuck (GSB No. 429940)
Danielle M. Conley (GSB No. 222292)
KUCK IMMIGRATION PARTNERS
LLC
8010 Roswell Road, Suite 300

Atlanta, Georgia 30350
T: [phone]
F: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
*Application for admission pro hac vice pending

CERTIFICATE OF SERVICE
I hereby certify that I have this date electronically filed the foregoing with the
Clerk of Court using the CM/ECF system, which will automatically send e-mail
notification to the following attorney for Defendants Deal, Olens, Reese, and
Beatty, to whom a copy is also being hand-delivered today:
Devon Orland
Office of State Attorney General
40 Capitol Square, S.W.
Atlanta, GA 30334-1300
[e-mail]
Attorney for Defendants Deal, Olens, Reese and Beatty
I hereby certify that a copy of the foregoing is being hand-delivered on this date to
the following non-CM/ECF participant:
Falecia Stewart
Executive Director, Housing Authority of Fulton County
HAFC Headquarters
4273 Wendell Drive
Atlanta, GA 30336
This 8th day of June, 2011.
/s/ Michelle R. Lapointe