Wisconsin Right to Life Inc et al v. Myse et al

Filing 95

DECISION AND ORDER Granting in Part and Denying in Part Plaintiffs' Second Motion for Preliminary Injunction and Temporary Restraining Order 68 . (cc: all counsel) ((cef), C. N. Clevert, Jr.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
WISCONSIN RIGHT TO LIFE, INC.
and WISCONSIN RIGHT TO LIFE
STATE POLITICAL ACTION COMMITTEE,
Plaintiffs,
v.

Case No. 10-C-0669

THOMAS BARLAND, MICHAEL BRENNAN,
THOMAS CANE, DAVID DEININGER,
GERALD NICHOL, JOHN CHISHOLM,
and TIMOTHY VOCKE,
Defendants.
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’
SECOND MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY
RESTRAINING ORDER (DOC. 68)
The court having stated its findings of fact and conclusions of law during a hearing
on August 31, 2012,
IT IS ORDERED that the plaintiffs’ second motion for preliminary injunction as to
count two is granted.
IT IS FURTHER ORDERED that the plaintiffs’ second motion for preliminary
injunction as to count four is denied as moot, except to the extent that defendants made
contrary representations to the public after October 16, 2010.
IT IS FURTHER ORDERED that the plaintiffs’ second motion for preliminary
injunction as to count five is granted with respect to ads that are less than 30 seconds in
length, and denied with respect to the remaining aspects of count five.
IT IS FURTHER ORDERED that the plaintiffs’ second motion for preliminary
injunction as to count nine is granted with respect to the corporate disbursement ban, and

denied with respect to the remaining aspects of count nine.
IT IS FURTHER ORDERED that the plaintiffs’ second motion for preliminary
injunction as to counts one, three, six, seven, and eight is denied.
IT IS FURTHER ORDERED that defendants are hereby preliminarily enjoined from
enforcing limitations on corporate expenditures under Wis. Stat. § 11.38(1)(a)(1) pending
the final resolution of this case. In addition, defendants are hereby ordered to notify the
public that GAB 1.91 has expired.
Dated at Milwaukee, Wisconsin, this 31st day of August, 2012.
BY THE COURT

/s/ C. N. Clevert, Jr.
C. N. CLEVERT, JR.
CHIEF U. S. DISTRICT JUDGE

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