Kroll vs. Incline Village General Improvement District, et al.

Plaintiff's Emergency Motion to Enjoin Defendant IVGID's Policy No. 136 Regulating Speech As Void on its Face under the First Amendment


Defendant municipality responds to Civil Rights Complaint by adopting "a scheme without precedence in American jurisprudence", the "draconian" Policy 136 "Concerning Access to District property and the Use of District Facilities for Expression". "Under color of law," says Plaintiff's Memorandum in Support of his Emergency Motion to Permanently Enjoin the Policy, the IVGID Trustees "have taken the mighty freedoms proclaimed over decades of jurisprudence to be celebrated in every corner of the Public Forums of America, and with the magic addition of a single word to create a new concept of “Public Forum Area”, shrunk that grand promise of freedom and liberty to the boundaries of a parking lot and the sidewalks that adjoin it." Quoting Leydon v. Town of Greenwich, 777 A.2d 552, (Conn. 2001), the Memo declares: “In such cases there is no safety for the citizen except in the protection of the judicial tribunals, for rights which have been invaded by the officers of the government professing to act in its name.” Plaintiff charges that the "Defendants' willingness to twist the Bill of Rights itself to their purpose of trying to preserve what they consider their 'Private Beaches' is but another shameful example of the palpable Conflict of Interest alleged against these defendants in the Fourth Cause of Action of the First Amended Complaint."

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Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 9th Circuit, Nevada | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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