Jones et al v. Gale et al

District of Nebraska, ned-8:2004-cv-00645

PERMANENT INJUNCTION AND DECLARATORY JUDGMENT- Declaratory judgment in favor of the Plaintiffs is granted, in part, as follows:(a). Neb. Const. Art. XII, 8 ("Initiative 300") interferes with interstatecommerce in violation of the Commerce C lause of the United StatesConstitution;(b). The Nebraska Secretary of State and Nebraska Attorney General, intheir official capacities, have deprived Plaintiffs of their rights under the1) Counsel for the Plaintiffs should contact chambers to indicat e how much time theywill require for the submission of their application for attorneys' fees. The Court will thenset a briefing schedule for the resolution of issues related to the award of attorneys' fees.2)Commerce Clause in violation of 42 U.S.C. 1983 by virtue of theenforcement of Initiative 300; and(c). Initiative 300 violates the Americans with Disabilities Act, 42 U.S.C.12132;2. The Defendants are permanently enjoined from enforcing, or taking any stepsto enforce, Initiative 300; and3. Counsel for the Plaintiffs may submit an application for their attorneys' feespursuant to 42 U.S.C. 1988 and 42 U.S.C. 12205.Ordered by Judge Laurie Smith Camp.

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8:04-cv-00645-LSC-FG3 Doc # 130 Filed: 01/25/07 Page 1 of 2 - Page ID # 2768 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JIM JONES, TERRENCE M.) CASE NO. 8:04CV645 SCHUMACHER, SHAD DAHLGREN,) HAROLD G. RICKERTSEN, TODD) EHLER, and ROBERT E. BECK III,)) DECLARATORY JUDGMENT Plaintiffs,) AND) PERMANENT INJUNCTION v.)) JOHN GALE, in his official capacity) as Secretary of State of Nebraska,) and JON BRUNING, in his official) capacity as Attorney General of) Nebraska,)) Defendants.) Pursuant to the Memorandum and Order issued by this Court on December 15, 2005 (Filing No. 107); the Opinion and Judgment of the United States Court of Appeals for the Eighth Circuit dated December 13, 2006 (Filing Nos. 128 and 129-1); and the Mandate of the United States Court of Appeals for the Eighth Circuit dated January 18, 2007 (Filing No. 124): IT IS ORDERED: 1. Declaratory judgment in favor of the Plaintiffs is granted, in part, as follows: (a). Neb. Const. Art. XII, § 8 ("Initiative 300") interferes with interstate commerce in violation of the Commerce Clause of the United States Constitution; (b). The Nebraska Secretary of State and Nebraska Attorney General, in their official capacities, have deprived Plaintiffs of their rights under the 8:04-cv-00645-LSC-FG3 Doc # 130 Filed: 01/25/07 Page 2 of 2 - Page ID # 2769 Commerce Clause in violation of 42 U.S.C. § 1983 by virtue of the enforcement of Initiative 300; and (c). Initiative 300 violates the Americans with Disabilities Act, 42 U.S.C. § 12132; 2. The Defendants are permanently enjoined from enforcing, or taking any steps to enforce, Initiative 300; and 3. Counsel for the Plaintiffs may submit an application for their attorneys' fees pursuant to 42 U.S.C. § 1988 and 42 U.S.C. § 12205. 1 DATED this 25th day of January, 2007. BY THE COURT: s/Laurie Smith Camp United States District Judge 1 Counsel for the Plaintiffs should contact chambers to indicate how much time they will require for the submission of their application for attorneys' fees. The Court will then set a briefing schedule for the resolution of issues related to the award of attorneys' fees. 2