Utah Coalition of La Raza et al v. Herbert et al

Filing 45

ORDER granting 44 Motion for TRO. HB 497 is stayed pending further order of this court. Responses due by 6/8/2011, Replies due by 6/22/2011. Motion Hearing set for 7/14/2011 08:30 AM in Room 102 before Judge Clark Waddoups. See Order for details. Signed by Judge Clark Waddoups on 5/11/2011. (jtj)

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FILED
U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT

2m \ HAY I \ P 2: I Lt

DISTRICT OF UTAH, CENTRAL DIVISION

DISTRICT OF UTAH

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By:-----:-;-­
DEPUTY C\.. E.t~K
UTAH COALITION OF LA RAZA et aI.,

ORDER

Plaintiffs,
Case No. 2:11-CV-401 CW
v.
Judge Clark Waddoups
GARY R. HERBERT and MARK
SHURTLEFF,
Defendants.

This matter is before the court on Plaintiffs' Motion for a Temporary Restraining Order.!
The Illegal Immigration Enforcement Act (H.B. 497) was to take effect May 10, 2011. Plaintiffs
sought to enjoin the law from going into effect on the grounds that it violates the Supremacy Clause,
the Fourth Amendment, and the Right to Travel. A hearing on Plaintiffs' motion was held on May
10,2011. After due consideration of the parties' filings and oral arguments, and otherwise being
fully advised,
IT IS HEREBY ORDERED that Plaintiffs' Motion for a Temporary Restraining Order is
GRANTED for the reasons stated below:
1.

Plaintiffs presented evidence to support their assertion that their constitutional rights
will be violated if H.B. 497 goes into effect. The court concludes that such harm is

! The plaintiffs in this matter are Utah Coalition ofLa Raza; Service Employees International
Union; Workers' United Rocky Mountain Joint Board; Centro Civico Mexicano; Coalition ofUtah
Progressives; Latin American Chamber of Commerce; Salt Lake City Brown Berets; Jane Doe # 1;
John Doe #1; Milton Ivan Salazar-Gomez; Eliana Larios; Alicia Cervantes; and John Doe #2
(collectively "Plaintiffs").

irreparable.
2.

Plaintiffs seek to preserve the status quo until the court can more fully address their
Complaint. Plaintiffs have presented sufficient evidence to create a substantial
question about the constitutionality of H.B. 497. The court concludes this is
sufficient to meet the "likelihood of success on the merits" prong.

3.

The court finds the balance of the harm weighs in favor of Plaintiffs. Because
Plaintiffs' harm would be irreparable, it is a serious harm. In contrast, there is no
apparent harm to the defendants to maintain the status quo.

4.

The court also finds that the public interest weighs in favor of Plaintiffs. The public
has an interest in ensuring that laws which govern a society are constitutional and
that constitutional rights are protected. Although the public also has an interest in
seeing laws take effect that have been signed into law, such interest does not
outweigh the interest in ensuring that a law is proper.

Based on these findings, it is FURTHER ORDERED that H.B. 497 is stayed and may not be
executed or enforced by the defendants or those who work under the direction of the defendants,
whether directly or indirectly. This stay shall remain in effect until further order of the court.
Plaintiffs' Motion for Preliminary Injunction shall be heard on July 14, 2011 at 8:30.
Defendants shall file their opposition to Plaintiffs' motion on or before June 8, 2011. Plaintiffs shall
file their reply on or before June 22, 2011. This schedule may be adjusted ifa party determines that
additional time is necessary to complete briefing.

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DATED this

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of May, 2011.
BY THE COURT:

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Clark Waddoups
United States District Judge

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