Second, if relief is not granted, and defendants are
1
permitted to make permanent the closures effected on May 20th,
plaintiff will be irreparably injured in his efforts to exercise
freedom of expression in a free and open park. Loss of First
Amendment exercise has been held to constitute "irreparable
injury," Elrod v. Burns, 427 U.S. 347, 373 (1976), and to
constitute "substantial money damages." City of Watseka v.
Illinois Public Action Council, 796 F.2d 1559, Summarily Aff'ed
by the Supreme Court, slip opinion 86-631, January 27, 1987.
Third, because plaintiff does not request defendants be
immediately required to undo any of the defendants' alleged
security closures pending a fact-finding process to test their
theories, the issuance of a Preliminary Injunction will not harm
the defendants. It will simply require defendants to abide by
well-established law regarding the administration of public land,
while maintaining the status quo by insuring that defendants'
diminishment of freedom and democracy is indeed justified by
rational service to a legitimate interest.
In light of defendants' total disregard for the processes
intended to check and regulate government restrictions on public
access to public places, the Court must should enjoin defendants
from making permanent the sweeping changes represented by the
concrete barriers erected by defendants on May 20, 1995, before
there has been a judicial review of defendants' actions.
PRAYER FOR RELIEF
WHEREFORE plaintiffs hereby pray the Court to issue an Order
preliminarily enjoining defendants from causing physical changes
to the area enclosed by the traffic barriers which defendants
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caused to be installed on May 20, 1995, or fencing and/or closing
the Park day or night, pending a trial of plaintiffs' complaint
for a Permanent Injunction.
A proposed order is attached.
Respectfully submitted, May 30, 1995,
___________________________________
William Thomas, Plaintiff pro se
P.0 Box 27217
Washington, D.C. 20038
(202) 462-0757
CERTIFICATE OF SERVICE
On May 30, 1995, PRIOR TO FILING WITH THE CLERK OF THIS
COURT, I caused copies of the accompanying Motion For A
Preliminary Injunction to be served upon the office of the United
States Attorney for the District of Columbia at 555 4th Street
NW, Washington, D.C., and the Office of the Corporation Council
for the District of Columbia.