Pomicter et al v. Luzerne County Convention Center Authority et al

Filing 71

AMENDED JUDGMENT AND ORDER (memorandum filed previously as separate docket entry)., IT IS HEREBY ORDERED that Plaintiffs motion to amend the judgment (Doc. 66) is GRANTED and the Courts April 10, 2018 Judgment (Doc. 60) is AMENDED as follows: Judgmen t is entered IN FAVOR OF Plaintiffs Silvie Pomicter and Last Chance for Animals and AGAINST Defendants Luzerne County Convention Center and SMG, as follows: 1.Defendants, together with their representatives, agents, servants, and all others acting on their behalf or in concert with them, are hereby ENJOINED and RESTRAINED, from confining protestors who are distributing literature and/or displaying signage to barricaded protest areas and thereby preventing them from distributing literature, displ aying signage, and/or speaking with Arena patrons in the open spaces outside the Mohegan Sun Arena. This Order is without prejudice to the Authoritys power to implement ordinary methods of crowd control on patrons and protestors alike, including the power to order a large congregation of people to disperse in order to facilitate pedestrian flow; prohibit people from blocking access points or harassing patrons standing in line; prohibit violence or weapons; or alert the police as to fighting or unwanted trespass. 2.Defendants, together with their representatives, agents, servants, and all others acting on their behalf or in concert with them, are hereby ENJOINED and RESTRAINED, from imposing a broad ban only on protestors from using voice amplification in the open spaces outside the Mohegan Sun Arena. However, this Order is without prejudice to the Authoritys power to craft a tailored rule that may restrict protestors from using voice amplification in specified contexts, in order to prevent potential interference with other permitted activities within the Arena.3.Defendants, together with their representatives, agents, servants, and all others acting on their behalf or in concert with them, are hereby ENJOINED and RESTRAINED, fr om imposing a ban only on protestors from using vulgarity and/or profanity in the open spaces outside the Mohegan Sun Arena. However, this Order is without prejudice to the Authoritys power to craft a tailored rule that may apply toand uniformly enforced againstall patrons, protestors, and permitted guests of the Arena.Signed by Honorable Robert D. Mariani on 5/22/18. (jam)