Case 2:14-cv-01762-TSZ Document 7 Filed 11/21/14 Page 1 of 3

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
SEATTLE DIVISION

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MICHAEL LEAL,

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Plaintiff,

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vs.

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EVERETT PUBLIC SCHOOLS, GARY

COHN, in his individual and official capacities
as Superintendent of Everett Public Schools,
CATHY WOODS, in her individual and
official capacities as Principal of Cascade High
School, LAURA PHILLIPS, in her individual
and official capacities as Assistant Principal of
Cascade High School, ROBERT AGUILAR,
in his individual and official capacities as
Assistant Principal of Cascade High School,
and DOES 1 THRU 100,

Case No. 2:14-cv-01762-TSZ

[PROPOSED] ORDER GRANTING
PLAINTIFFS MOTION FOR
TEMPORARY RESTRAINING ORDER
[42 U.S.C. 1983]

Defendants.

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BEFORE the Court is Plaintiffs Motion for Temporary Restraining Order. Having
reviewed said Motion and the file and pleadings therein, the Court deems itself otherwise fully

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-1Proposed Order for TRO - Case No. 2:14-cv-01762-TSZ

PACIFIC JUSTICE INSTITUTE
P.O. Box 276600
Sacramento, CA 95827
(916) 857-6900

Case 2:14-cv-01762-TSZ Document 7 Filed 11/21/14 Page 2 of 3

advised in the premises. Accordingly,

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THE COURT FINDS that Plaintiff has established the likelihood of success on his claims since

Defendants have violated the Free Speech Clause of the First Amendment to the U.S. Constitution by

the implementation of Everett Public Schools Board Procedure 3222P regarding the distribution of

written materials.

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On its faces, BP 3222P requires that written materials for student distribution be written or
published by studentsa. Further, BP 3222P restricts the time of distribution to before and after school

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and the place of distribution to the entrances and exits of the school building. Enumerated in the text of
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BP 3222P is that violation of the procedure carries with it the penalties of suspension or expulsion.

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Plaintiff has been suspended from Cascade High School for leafleting and he is in imminent

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danger of further suspension and potentially expulsion if he exercises his expressive rights to give

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religious literature to students during non-instructional time and in a manner not causing a substantial

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disruption.
Absent an order restraining Defendants from enforcing BP 3222P, Plaintiff will suffer

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deprivation of his speech rights. Further, absent an order restraining Defendants from enforcing BP
3222P, Plaintiff is exposed to further suspension and possible expulsion from school. Loss of speech

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rights, even for a short period of time, is harm that is irreparable for a citizen. Exposure to further

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suspension, and possible expulsion, from school poses irreparable harm to a public school student,

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particularly one who is a senior in high school.

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The balance of equities tips sharply in Plaintiffs favor and the public interest favors an

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injunction.
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IT IS ORDERED that Plaintiffs Motion for Temporary Restraining Order is GRANTED.

IT IS FURTHER ORDERED that bond shall be waived.

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-2Proposed Order for TRO - Case No. 2:14-cv-01762-TSZ

PACIFIC JUSTICE INSTITUTE
P.O. Box 276600
Sacramento, CA 95827
(916) 857-6900

Case 2:14-cv-01762-TSZ Document 7 Filed 11/21/14 Page 3 of 3

Defendants, their officers, employees, agents and any other person collaborating
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with them, are HEREBY ENJOINED from enforcing BP 3222P.

A preliminary injunction hearing is SET for January __, 2015, at _______ AM/PM. Unless

otherwise directed by the Court, counsel for the parties shall appear for that hearing in person. The

parties may file a motion, response, and reply papers regarding a preliminary injunction; if no such

filings are made, the Court shall deem the existing filings as preliminary injunction papers.

IT IS SO ORDERED. The District Court Executive is directed to enter this order and

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provide copies of the same to counsel of record.
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DATED this ____ day of November, 2014.

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___________________________________
Hon. Thomas S. Zilly
UNITED STATES DISTRICT JUDGE

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Presented By: _s/ Conrad Reynoldson___________

Conrad Reynoldson

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Dated this 21st day of November, 2014

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-3Proposed Order for TRO - Case No. 2:14-cv-01762-TSZ

PACIFIC JUSTICE INSTITUTE
P.O. Box 276600
Sacramento, CA 95827
(916) 857-6900