Case 1:11-cv-00138-L-DLM Document 42 Filed 03/30/12 Page 1 of 3 PageID #: 645

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND MARK AHLQUIST, as next friend, parent and guardian of J-A--, a minor v. CITY OF CRANSTON, by and through Robert F. Strom, in his capacity as Director of Finance, and by and through the SCHOOL COMMITTEE OF THE CITY OF CRANSTON, and SCHOOL COMMITTEE OF THE CITY OF CRANSTON, by and through Andrea Iannazzi, in her capacity as Chair of the School Committee of the City of Cranston

C.A. No. 11-138-L

OBJECTION OF THE PLAINTIFF TO MOTION TO INTERVENE AND ACCOMPANYING MOTIONS TO STAY AND RECONSIDER Plaintiff, by his attorneys, hereby objects to the motions filed by Mesagno, McMullen, McClain, Motaranni and LHeureux to intervene in the above-captioned action (Doc # 35) and, as intervenors, to stay the Order on preliminary injunction (#36) and for reconsideration (#37). In support of his objection, plaintiff states as follows: 1. The motion to intervene should be denied. The proposed intervenors have failed to

demonstrate standing to litigate the issues sought to be raised by them. The motion is not timely. The motion fails to satisfy the requirements of Rule 24, Fed.R.Civ.P. The relief for which intervention is sought cannot be provided. 2. If the Court denies the motion to intervene, then there is no basis to consider the motions

to stay or reconsider and no further argument is necessary. Assuming arguendo that the Court grants the motion to intervene, the motion to reconsider and to stay should be denied. The proposed intervenors have failed to demonstrate standing to present the issues sought to be raised in the motion to stay and to reconsider. The relief sought in the motion to stay and to reconsider cannot be granted, in that the Prayer Mural had already been permanently removed before the

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motions were filed. Proposed intervenors theory for relief on the merits is without merit. 3. On March 7, 2012, the parties submitted and on March 8, 2012, the Court entered a final

judgment resolving all issues between the parties to this litigation. The parties substantially relied upon the conclusion of this litigation in conforming their actions and should not be required to expend additional time or expense addressing these motions which, it is respectfully submitted, are not timely and are frivolous. Wherefore, plaintiff respectfully prays that the motions to intervene, stay, and reconsider be in all respects denied. A supporting memorandum of law is submitted herewith.

Plaintiff, By plaintiffs attorneys, /s/ Lynette Labinger Lynette Labinger #1645 Roney & Labinger Cooperating Counsel, Rhode Island Affiliate, American Civil Liberties Union 344 Wickenden Street Providence, RI 02903 labinger@roney-labinger.com (401) 421-9794 (401) 421-0132 (fax)

Case 1:11-cv-00138-L-DLM Document 42 Filed 03/30/12 Page 3 of 3 PageID #: 647

Certificate of Service I hereby certify that on March 30, 2012, I electronically filed the foregoing document with the Clerk of the Court for the District of Rhode Island using the CM/ECF system which will send notification of such filing to the following: Joseph V. Cavanagh, Jr. Blish & Cavanagh LLP 30 Exchange Terrace Providence, RI 02903-1765 jvc@blishcavlaw.com Joseph V. Cavanagh, III Blish & Cavanagh LLP 30 Exchange Terrace Providence, RI 02903-1765 jvc3@blishcavlaw.com Carolyn Mesagno 2330 Cranston Street Cranston, RI 02920 Jared McMullen 35 Kimberry Lane North Cranston, RI Lori McClain 23 Nicholas Avenue Groton, CT 06340 Michael Motaranni Cranston, RI Ronald L'Heureux 213 Waterman Avenue North Providence, RI 02911 Lori H. Windham The Becket Fund for Religious Liberty 3000 K St. NW, Suite 220 Washington, DC 20007 lwindham@becketfund.org Christopher M. Rawson 869 Park Avenue Cranston, RI 02910 crawson@lovettlaw.com #5191

/s/ Lynette Labinger