Greene v. Sinclair

491 F. Supp. 19, 1980 U.S. Dist. LEXIS 13333
CourtDistrict Court, W.D. Michigan
DecidedMarch 17, 1980
DocketNo. K 80-15 CA8
StatusPublished
Cited by3 cases

This text of 491 F. Supp. 19 (Greene v. Sinclair) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greene v. Sinclair, 491 F. Supp. 19, 1980 U.S. Dist. LEXIS 13333 (W.D. Mich. 1980).

Opinion

OPINION AND ORDER

BENJAMIN F. GIBSON, District Judge.

The plaintiff, Scott Greene, on behalf of himself and all those similarly situated, has filed this civil rights suit against the City of St. Joseph, Michigan and several named city officials, seeking declaratory and injunctive relief pursuant to 42 U.S.C. §§ 1983, 1988, and 28 U.S.C. §§ 2201-2202. Plaintiff and members of his class are members of the Holy Spirit Association for the Unification of World Christianity (hereinafter “Unification Church”). They seek to distribute religious tracts and solicit donations for their church on the public sidewalks, in the parks, and at other public places in St. Joseph, Michigan, and claim that their First Amendment rights of free expression and free exercise of religion have been, and continue to be, abridged by the defendants’ threats to enforce against them the St. Joseph Solicitation Licensing Law, Chapter 75.01 et seq., St. Joseph Code of Ordinances (a copy of which is attached as Appendix “A” to this opinion).

Plaintiffs have requested the Court to issue a preliminary injunction enjoining enforcement of the ordinance against them. The defendants have responded with a motion to dismiss and a motion for summary judgment.1

Rule 65 of the Federal Rules of Civil Procedure governs motions for preliminary relief. The Rule, in pertinent part, reads as follows:

(a) Preliminary Injunction.
(1) Notice. No preliminary injunction shall be issued without notice to the adverse party.
[21]*21(2) Consolidation of Hearing With Trial on Merits. Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received upon an application for a preliminary injunction which would be admissible upon the trial on the merits becomes part of the record on the trial and need not be repeated upon the trial. This subdivision (a)(2) shall be so construed and applied as to save to the parties any rights they may have to trial by jury.
(c) Security. No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. No such security shall be required of the United States or of an officer or agency thereof.
The provisions of Rule 65.1 apply to a surety upon a bond or undertaking under this rule.
(d) Form and Scope of Injunction or Restraining Order. Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

In one of its most recent discussions on the issue of preliminary injunctions, the Sixth Circuit has set out the following requirements which must be considered before preliminary relief may issue:

1) Whether the plaintiffs have shown a strong or substantial likelihood or probability of success on the merits;
2) Whether the plaintiffs have shown irreparable injury;
3) Whether the issuance of a preliminary injunction would cause substantial harm to others;
4) Whether the public interest would be served by issuing a preliminary injunction.

Mason County Medical Association v. Knebel, 563 F.2d 256, 261 (6th Cir. 1977).

Plaintiffs have argued several reasons for holding that the challenged ordinance is unconstitutional. Their most relevant argument is that the sections they have attacked are a prior restraint and impose an unnecessary and unconstitutional burden on the exercise of their First Amendment rights due to the absence of clear, narrow, and objective standards to guide the discretion of the licensing authority.2

A licensing ordinance is by its very nature a prior restraint on speech and speech-related conduct. Any prior restraint on the exercise of First Amendment expressions is inherently suspect, and bears a heavy presumption against its constitutional validity. E. g., Shuttlesworth v. Birmingham, 394 U.S. 147, 89 S.Ct. 935, 22 L.Ed.2d 162 (1969); Bantam Books v. Sullivan, 372 U.S. 58, 83 S.Ct. 631, 9 L.Ed.2d 584 (1963); Kunz v. New York, 340 U.S. 290, 71 S.Ct. 312, 95 L.Ed. 267 (1951). To pass constitutional muster a licensing system must accomplish a legitimate, compelling, and overriding governmental interest that is unachievable by a less restrictive alternative means.

[22]*22The defendants’ position, as presented through counsel at the hearing, is that they have a right to regulate religious solicitation activities in order to protect the citizenry of St. Joseph from crime and annoyance. To this end they claim that they can constitutionally require information concerning: 1) what organization is involved in order to verify on a case by case basis whether it is a genuine religious organization (in this case defendants freely admit that the Unification Church is a bona fide religion); and 2) when the proposed solicitation will take place (both as to days and times) in order to both better protect against crime and to avoid the annoyance that potentially could result from several religious groups soliciting door-to-door on the same day. Counsel for defendants further asserted that consideration by the City Commission as to whether to issue a license under the ordinance takes no more than one week, and that the city would automatically waive the licensing fee upon the request of a religious group.

Counsel for the plaintiffs, however, pointed out that this interpretation of the ordinance by the defendants had been developed only after the filing of this case — an assertion which counsel for the defendants freely admitted. Indeed, defendants’ posthoc interpretation of the ordinance is in direct conflict with the language of the ordinance on some points.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kabir v. Mocek
E.D. California, 2025
Mattes v. United States
721 F.2d 1125 (Seventh Circuit, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
491 F. Supp. 19, 1980 U.S. Dist. LEXIS 13333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-sinclair-miwd-1980.