Frost et al v. Hampton, Town of et al

Filing 26

PERMANENT INJUNCTION as outlined. Signed by Judge Joseph N. Laplante. (dae)

Case 1:09-cv-00339-JL

Document 25

Filed 03/04/2010

Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE MARK FROST and JAYSON GARDNER, Plaintiffs, v. TOWN OF HAMPTON, NEW HAMPSHIRE, MATTHEW KULESZ, and JOSEPH GALVIN, Defendants. ) ) ) ) ) ) ) ) ) ) )

Civil No. 09-339-JL

PERMANENT INJUNCTION The defendants, their agents, employees and all persons in active or concerted participation with them are hereby enjoined from enforcing and/or applying New Hampshire RSA 644:2 (III)(a) so as to preclude the plaintiffs' speech activities in traditional, public forae, including, but not limited to the Hampton Beach Village District, Ocean Boulevard, and downtown Hampton, during the hours of 7:00 AM to 11:00 PM, provided any electronically amplified speech activities do not consistently exceed a decibel level of 85 db from a distance of 65 feet. Prior to any enforcement effort by the defendants, the plaintiffs shall be given a warning of the alleged violation of N.H. RSA 644:2 (III) (a) or of this Order and a reasonable opportunity to comply. Approved and So Ordered: Date: March 4,2010 /s/ Joseph N. Laplante Honorable Joseph N. LaPlante United States District Court Judge