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

[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION
This matter comes before the Court on the Plaintiffs’ Motion for a
Preliminary Injunction to enjoin all Defendants from enforcing Georgia’s House
Bill 87 (“HB 87”). Having considered the parties’ papers filed in support and in
opposition to the motion, as well as oral arguments, the Court rules as follows:
Plaintiffs are likely to succeed on the merits of their claim that HB 87
violates the United States and Georgia Constitutions, including 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. Plaintiffs have demonstrated that they will suffer irreparable
injury by being subjected to the enforcement of an unconstitutionally preempted
state law as well as a law that violates their constitutional protection against
unreasonable searches and seizures, infringes on the constitutional right to travel,

and undermines Georgia’s separation of powers. Defendants, on the other hand,
will suffer no real harm from delay in enforcement of HB 87 pending final
resolution of this action. Plaintiffs have demonstrated that the balance of hardships
tips strongly in their favor; and that a preliminary injunction advances the public
interest in preventing the enforcement of unconstitutional laws.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiffs’ Motion for Preliminary Injunction be GRANTED
2. Until such time as the Court makes a final ruling on the merits, or
until further ordered from the Court, the Defendants and their
officers, agents, servants, employees, and attorneys and those
persons in active concert or participation with them are HEREBY
ENJOINED AND RESTRAINED from giving any effect to or
otherwise taking action to enforce HB 87.
This order is effective immediately, and shall continue in effect
until this Court enters a final judgment in this action or otherwise lifts the
preliminary injunction.
Dated: June ____, 2011

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United States District Judge