Jarlstrom v. Aldridge et al
Filing
34
AGREED PRELIMINARY INJUNCTION: Finding as Moot Motion for a Preliminary Injunction 25 . Signed on 5/30/2017 by Judge Anna J. Brown. (gw)
William J. Ohle (OSB 913866)t
SCHWABE, WILLIAMSON &WYATIP.C.
PacWest Center
1211 SW Fifth A venne, Suite 1900
Portland, OR 97204
Phone: (503) 222-9981
E-mail: wohle@schwabe.com
Samuel B. Gedge (VA Bar No. 80387)*
INSTITUTE FOR JUSTICE
901 North Glebe Road, Suite 900
Arlington, VA 22203
Phone: (703) 682-9320
E-mail: sgedge@ij.org
Attorneys for Plaintiff
t Designated local counsel
* Admitted pro hac vice
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
MATS JARLSTROM,
Case No.: 3:17-cv-00652-SB
Plaintiff,
v.
AGREED PRELIMINARY
CHRISTOPHER D. ALDRIDGE, WILLIAM
J. BOYD, DAREN L. CONE, SHELLY MC
DUQUETTE, JASON J. KENT, LOGAN T.
MILES, RON SINGH, DA VE M. VAN
DYKE, SEAN W. ST. CLAIR, AMIN
WAHAB, and OSCAR J. ZUNIGA JR., in
their official capacities as members of the
Oregon State Board of Examiners for
Engineering and Land Surveying,
INJUNCTION
Defendants.
AGREED PRELIMINARY INJUNCTION - 1
On April 25, 2017, Plaintiff Mats Jiirlstri:im filed a civil-rights complaint [ECF l] in the
above-styled matter against the members of the Oregon State Board of Examiners for
Engineering and Land Surveying (Board) in their official capacities. Jiirlstri:im' s complaint
asserts that Oregon's Professional Engineer Registration Act, Or. Rev. Stat.§ 672.002 et seq.,
and implementing regulations violate the First Amendment to the U.S. Constitution both asapplied and on their face by preventing him from (1) communicating publicly and privately
about theories relating to the mathematics behind traffic lights, and (2) describing himself using
the word "engineer."
Rather than litigating a motion for preliminary injunction, the Board agrees not to enforce
the Professional Engineer Registration Act, Or. Rev. Stat. § 672.002 et seq., or any implementing
regulations against Plaintiff Jiirlstri:im during the pendency of this litigation for engaging in any
of the speech described below.
Accordingly, and the Court being sufficiently advised, it is hereby ORDERED as
follows:
1.
Plaintiff Jiirlstri:im may study, communicate publicly about, and communicate
privately about his theories relating to traffic lights throughout the pendency of this litigation as
long as Plaintiff Jiirlstri:im's communications occur outside the context of a paid employment or
contractual relationship relating to the timing of traffic lights with a governmental or other entity
that changes or implements or has final approval to change or implement traffic-light timing
without the review and acceptance of responsibility by an Oregon-licensed professional engineer.
2.
Plaintiff Jiirlstri:im may describe himself publicly and privately nsing the word
"engineer" throughout the pendency of this litigation.
AGREED PRELIMINARY INJUNCTION -
2
3.
The Board shall not enforce the Professional Engineer Registration Act, Or. Rev.
Stat. § 672.002 et seq., or any implementing regulations against Plaintiff Jarlstrom during the
pendency of this litigation for having engaged in the activities described in Paragraph 1 or
Paragraph 2 above.
4.
The Board shall not enforce the Professional Engineer Registration Act, Or. Rev.
Stat. § 672.002 et seq., or any implementing regulations against Plaintiff Jarlstrom at any timeduring or after this litigation-for having engaged in activities described in Paragraph 1 or
Paragraph 2 above during the pendency of this litigation.
5,
The bond requirement set forth in Federal Rule of Civil Procedure 65 is waived.
United States District Judge
AGREED TO BY:
Is Christina L. Beatty-Walters (signed by
consent)
Christina Beatty-Walters (OSB 981634)
Is Samuel B. Gedge
Samuel B. Gedge (VA Bar No. 80387)*
OREGON DEPARTMENT OF JUSTICE
901 North Glebe Road, Suite 900
Arlington, VA 22203
Phone: (703) 682-9320
Fax: (703) 682-9321
E-mail: sgedge@ij.org
100 SW Market St.
Portland, OR 97201
Phone: (971) 673-1880
E-mail: tina.beattywalters@doj .state.or. us
Attorney for Defendants
INSTITUTE FOR JUSTICE
Wesley Hottot (WA Bar No. 47539)*
INSTITUTE FOR JUSTICE
10500 NE 8th Street, Suite 1760
Bellevue, WA 98004
Phone: (425) 646-9300
Fax: (425) 990 6500
AGREED PRELIMINARY INJUNCTION -
3
E-mail: whottot@ij.org
William J. Ohle (OSB 913866)t
Jill S. Gelineau (OSB 852088)
SCHWABE, WILLIAMSON & WY ATI PC
PacWest Center
1211 SW Fifth Avenue, Suite 1900
Pmtland, OR 97204
Phone: (503) 222-9981
Fax: (503) 796-2900
E-mail: wohle@schwabe.com
jgelineau@schwabe.com
Kelly M. Walsh (OSB 993897)
SCHWABE, WILLIAMSON & WYA TI PC
700 Washington Street Suite 701
Vancouver, WA 98660
Phone: (360) 694-7 551
Fax: (360) 693-5574
E-mail: kwalsh@schwabe.com
Attorneys for Plaintiff
t
Designated local counsel
* Admitted pro hac vice
AGREED PRELIMINARY INJUNCTION - 4
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