FREEDOM FROM RELIGION FOUNDATION, INC. et al v. THE COUNTY OF LEHIGH

Filing 28

ORDER THAT THE PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (DOC. NOS. 18 , 20 ) IS GRANTED; THE DEFENDANTS MOTION FOR SUMMARY JUDGMENT (DOC. NO. 19 ) IS DENIED; JUDGMENT IS ENTERED IN FAVOR OF THE PLAINTIFFS, FREEDOM FROM RELIGION FOUNDATION, INC., STE PHEN MEHOLIC, DAVID SIMPSON, JOHN BERRY, AND CANDACE WINKLER; THE PLAINTIFFS SHALL PROVIDE THE COURT WITH A PROPOSED INJUNCTION IN ACCORDANCE WITH THE COURTS MEMORANDUM OPINION WITHIN FOURTEEN (14) DAYS OF THIS ORDER; AND IF THE DEFENDANT OBJECTS TO THE PLAINTIFFS PROPOSED INJUNCTION, IT SHALL FILE SUCH OBJECTIONS WITHIN FOURTEEN (14) DAYS OF THE FILING OF THE PROPOSED INJUNCTION. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/28/17. 9/28/17 ENTERED AND COPIES E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FREEDOM FROM RELIGION
FOUNDATION, INC., STEPHEN
MEHOLIC, DAVID SIMPSON, JOHN
BERRY, AND CANDACE WINKLER,
Plaintiffs,
v.
THE COUNTY OF LEHIGH ,
Defendant.

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CIVIL ACTION NO. 16-4504

ORDER
AND NOW, this 28th day of September, 2017, after considering the parties’ crossmotions for summary judgment (Doc. Nos. 18, 19, 20), the parties’ statements of undisputed
facts (Doc. Nos. 19-1, 20-2), the parties’ responses to the motions for summary judgment (Doc.
Nos. 24, 25), the various documents attached to the aforementioned filings, and the parties’
argument before the court on June 13, 2017 (Doc. No. 26); accordingly, and for the reasons set
forth in the separately filed memorandum opinion, it is hereby ORDERED as follows:
1.

The plaintiffs’ motion for summary judgment (Doc. Nos. 18, 20) is GRANTED;

2.

The defendant’s motion for summary judgment (Doc. No. 19) is DENIED;

3.

Judgment is ENTERED in favor of the plaintiffs, Freedom from Religion

Foundation, Inc., Stephen Meholic, David Simpson, John Berry, and Candace Winkler;
4.

The plaintiffs shall provide the court with a proposed injunction in accordance

with the court’s memorandum opinion within fourteen (14) days of this order; and

5.

If the defendant objects to the plaintiffs’ proposed injunction, it shall file such

objections within fourteen (14) days of the filing of the proposed injunction.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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