Ashley v. City of Las Vegas et al

Filing 9

ORDER re 8 Motion for Preliminary Injunction filed by Joseph Ashley. IT IS HEREBY ORDERED that 8 Plaintiff's Motion for Preliminary Injunction, will not be considered on an emergency basis. The Court will address Plaintiff's Mo tion at a time after it has been fully briefed. IT IS FURTHER ORDERED that Plaintiff's request for a Temporary Restraining Order is DENIED without prejudice. Signed by Chief Judge Gloria M. Navarro on 10/27/16. (Copies have been distributed pursuant to the NEF - ADR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

JOSEPH ASHLEY,

)
)
)
)
)
)
)
)
)
)
)

4
5

Plaintiff,
vs.

6
7
8
9

CITY OF LAS VEGAS; LAS VEGAS
MARSHALS; FREMONT STREET
EXPERIENCE, LLC;
Defendants.

Case No.: 2:16-cv-02053-GMN-VCF
ORDER

10
11

Pending before the Court is the Emergency Motion for Preliminary Injunction, (ECF No.

12

8), filed by Plaintiff Joseph Ashley on October 25, 2016. Plaintiff alleges that the restrictions

13

set forth in Las Vegas Municipal Code § 11.68 violate his First and Fourteenth Amendment

14

rights under the U.S. Constitution. (Am. Compl., ECF No. 5). Accordingly, Plaintiff argues

15

that a preliminary injunction is necessary to prevent continued enforcement of an

16

unconstitutional law. (Mot. for Prelim. Inj. 15:1–2, ECF No. 8).

17

Per Local Rule 7-4, emergency motions are only appropriate in rare circumstances and

18

must specifically detail the nature of the emergency. Here, Plaintiff is a student at Indiana

19

University who “spends his summers expressing his speech [in Las Vegas].” (Id. 2:22–23).

20

Given that Plaintiff is not presently attempting to exercise speech in Las Vegas, the Court finds

21

that Plaintiff has failed to demonstrate why this motion should be considered on an emergency

22

basis. Accordingly, the Court will address Plaintiff’s Motion for Preliminary Injunction at a

23

time after the motion has been fully briefed.

24
25

Plaintiff alternatively requests that the Court issue a Temporary Restraining Order that
prevents Defendants or their agents from enforcing Las Vegas Municipal Code § 11.68. (Id.
1:17–18). In order to succeed on this request, Plaintiff must establish “that he is likely to
Page 1 of 2

1

succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary

2

relief, that the balance of equities tips in his favor, and that an injunction is in the public

3

interest.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Here, Plaintiff has

4

failed to demonstrate that he is likely to suffer irreparable harm in the absence of a Temporary

5

Restraining Order. Notably, Plaintiff has not offered evidence that his free speech rights are

6

presently being impaired or are likely to be impaired within the timeframe of a Temporary

7

Restraining Order. Accordingly,

8
9
10
11
12

IT IS HEREBY ORDERED that Plaintiff’s Motion for Preliminary Injunction, (ECF
No. 8), will not be considered on an emergency basis. The Court will address Plaintiff’s
Motion at a time after it has been fully briefed.
IT IS FURTHER ORDERED that Plaintiff’s request for a Temporary Restraining
Order is DENIED without prejudice.

13
14

27
DATED this _____ day of October, 2016.

15
16
17
18

___________________________________
Gloria M. Navarro, Chief Judge
United States District Judge

19
20
21
22
23
24
25

Page 2 of 2