Powell's Books, Inc. et al v. Myers et al

Filing 36

Motion for Permanent Injunction and Declaration of Unconstitutionality. ORAL ARGUMENT requested. Filed by all plaintiffs. (Runkles-Pearson, P.K.)

Powell's Books, Inc. et al v. Myers et al

Doc. 36

P.K. Runkles-Pearson, OSB No. 061911 [e-mail] STOEL RIVES LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204 Telephone: [phone] Facsimile: [phone] Michael A. Bamberger [e-mail] Rachel G. Balaban [e-mail] SONNENSCHEIN NATH & ROSENTHAL LLP 1221 Avenue of the Americas, 24th Floor New York, NY 10020 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

POWELL'S BOOKS, INC. et al., Plaintiffs, v. HARDY MYERS, in his official capacity as ATTORNEY GENERAL OF THE STATE OF OREGON, et al., Defendants.

Civil No. CV 08-0501-MO PLAINTIFFS' MOTION FOR DECLARATION OF UNCONSTITUTIONALITY AND PERMANENT INJUNCTION ORAL ARGUMENT REQUESTED

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PLAINTIFFS' MOTION FOR DECLARATION OF UNCONSTITUTIONALITY AND PERMANENT INJUNCTION

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Dockets.Justia.com

LOCAL RULE 7.1(A) COMPLIANCE Plaintiffs have conferred with defendant on the subject of this motion, and the parties were unable to agree on a resolution of the issues. MOTION Plaintiffs respectfully request that this Court grant declaratory relief stating that ORS 167.054 and ORS 167.057(1)(A) are unconstitutional because they violate the First, Fifth, and Fourteenth Amendments to the United States Constitution, for the reasons described in the concurrently filed Memorandum in Support of Motion for Declaration of Unconstitutionality and Permanent Injunction (the "Memorandum") and supporting declarations. Plaintiffs also respectfully request that this Court grant a permanent injunction against enforcement of ORS 167.054 and ORS 167.057(1)(A), or, in the alternative, against enforcement of said sections against plaintiffs and those on whose behalf they sue because those statutes violate the First, Fifth, and Fourteenth Amendments to the United States Constitution, for the reasons described in the Memorandum and supporting declarations. //// //// //// //// //// //// //// //// //// //// //// //// Page 2 PLAINTIFFS' MOTION FOR DECLARATION OF UNCONSTITUTIONALITY AND PERMANENT INJUNCTION

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DATED: July 31, 2008. STOEL RIVES LLP

s/ P.K. Runkles-Pearson___________________ P.K. RUNKLES-PEARSON, OSB NO. 061911 [e-mail] STOEL RIVES LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204 Telephone: [phone] Facsimile: [phone] Cooperating Attorney ACLU Foundation of Oregon Attorney for Plaintiffs MICHAEL A. BAMBERGER* [e-mail] RACHEL G. BALABAN* [e-mail] SONNENSCHEIN NATH & ROSENTHAL LLP 1221 Avenue of the Americas, 24th Floor New York, NY 10020 Telephone: [phone] Facsimile: [phone] * Application for pro hac vice admission filed Attorneys for Plaintiffs

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PLAINTIFFS' MOTION FOR DECLARATION OF UNCONSTITUTIONALITY AND PERMANENT INJUNCTION

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