Pomicter et al v. Luzerne County Convention Center Authority et al
| Silvie Pomicter and Last Chance for Animals |
| Luzerne County Convention Center Authority and SMG |
| 3:2016cv00632 |
| April 15, 2016 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Luzerne |
| Robert D. Mariani |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
95
JUDGMENT (memorandum filed previously as separate docket entry)- Judgment is entered in favor of Defendants on Plaintiff's Pennsylvania Constitution Article 1, Section 7 claim as it relates to the location condition imposed by Arena policy; and Clerk of Court is directed to CLOSE this case. Signed by Honorable Robert D. Mariani on 10/26/21. (sm)
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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)
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Filing
60
JUDGMENT is entered IN FAVOR OF PlaintiffsL, Silvie Pomicter and Last Chance for Animals, and AGAINST Defendants Luzerne County Convention Center Authority, SMG. See Order for complete details.Signed by Honorable Robert D. Mariani on 4/10/18. (jam)
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Filing
19
ORDER that Plaintiffs' Motion for Preliminary Injunction (Doc. 2) is GRANTED AS FOLLOWS:1. As further discussed in its accompanying Memorandum Opinion, the Court makes the following findings:a. There is a likelihood that Plaintiffs will succeed on the merits of their claims that Defendants' protest policies and practices at the Mohegan Sun Arena violate Plaintiffs First Amendment rights and rights under Article I § 7 of the Pennsylvania Constitution. Specifically, the Court finds that the confinement of protestors to the barricaded designated areas prevents Plaintiffs from engaging in the protected First Amendment activity of face-to-face leafletting. and is not a reasonable restriction in light of the purposes of the forum a nd all surrounding circumstances;b.Substantial and irreparable injury to Plaintiffs will follow unless this Order is entered;c.Greater injury will be inflicted upon Plaintiffs by the denial of relief than will be inmcted upon Defendants by the granti ng of relief;d.Plaintiffs have no adequate remedy at law; ande.The public interest will be served by the injunction. 2.Defendants, together with their representatives, agents, servants, and all others acting on their behalf or in concert with them, a re hereby ENJOINED and RESTRAINED, until further Order of the Court, from confining all protestors outside the Mohegan Sun Arena to the deSignated protest areas and thereby preventing protestors from distributing literature and/or speaking with Arena patrons on the open spaces outside the Mohegan Sun Arena, consistent with the terms of paragraph 3of this Order.3.All protestors shall abide by the following restrictions:a.Protestors must stay outside the "entry bridge" area that is outsi de each set of entrances to the Mohegan Sun Arena at the West and East Gates which is distinguished by lighter color pavement; b.Protestors who wish to stand in groups or hold any signs must stay in thedesignated protest areas;c.Protestors may not ap proach patrons who are standing in line to purchase tickets or in line at the doors at the East or West gates, even if the line extends past the entry bridge into the darker concrete, and may not block the ingress or egress of patrons at the Mohegan Sun Arena;d.Protestors may not approach patrons who are walking through the parking area or vehicle traffic lanes, and may not approach patrons within the first six feet of entry onto the darker concrete from the parking lot;e.No more than 20 individ ual protestors/leafletters may distribute literature on the sidewalk connecting the East and West Gates or on the darker colored concrete outside the East and West Gates at anyone time;f.Leafletting shall be defined as engaging in conversation and of fering aleaflet or literature and shall not include solicitation of donations or the persistent harassment of patrons at the Mohegan Sun Arena; g.Leafletters shall not carry or wear any signs or banners except in the designated protest areas;h.Plaint iffs shall post asecurity bond in accordance with Federal Rule of Civil Procedure 65(c) in the amount of $100 prior the injunction taking effect;i.Plaintiffs, by their attorneys, agents or others designated by it, may serve copies of this Order upon Defendants and upon any person acting in concert or participating with them in the activities referred to above, and upon all persons acting in concert or participating with Plaintiffs in the activities referred to above.4. Defendants shall post asign informing all protestors of the terms of this Order on or before April 28, 2016.Signed by Honorable Robert D. Mariani on 4/27/16. (jfg)
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