Emergency Complaint for Declaratory and Injunctive Relief - Essay Example

Task UNITED S DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO: 272 F3d 1318 (11th CIRCUIT 2001) LARRY HORTON, Plaintiffs, Vs.CITY OF ST. AUGUSTINE FLORIDA Defendant EMERGENCY COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiffs hereby sue Defendants city of St. Augustine and alleges as follows:PRELIMINARY STATEMENT 1. This is an action for declaratory judgment for the purpose of adjudication on any controversy between the two parties as to the restriction of street performances along a 50feet section of St.

George Street, from cathedral place north to Orange Street. JURISDICTION2. The court has jurisdiction in this case as per the city code section 22-9VENUE 3. The property is along St. Georges Street in Florida and has access to pedestrians some of whom are tourists. PARTIES 4. The plaintiff is Mr. Horton who acts as a one man band entertaining guests along the said street. 5. The defendant appellate is the city of St. Augustine Florida FACTUAL ALLEGATIONS The History of St. Augustine city 6.

This is a city full of pedestrians, tourists and motorists with many street performers who entertained tourists and other pedestrians. 7. Enforcement of Ordinance 2000-03 restricts performances around a for block area and along St. Georges Street. 8. With most people oblivion to this law, a lot of arrests were made and a lot of instruments confiscated. Plaintiffs use of St. Georges Street 9. St. Georges street was a valid area for street performances until 2001 with the enforcement of ordinance 2000- 03. 10. This prohibited any street performances like singing, acting or dancing within the St.

Georges Street and a 50 foot area around it in a 24 hour basis basing on the fact that it poses danger to motorists. 11. This allows street performers to do their act in designated public areas in a manner that will not interfere with motorists and pedestrians. However, this restriction is narrowly tailored as it does not consider that motorists reduce at certain times of the day and it also does not properly define what street performance encompasses. 12. The plaintiff alleges that the ordinance is stated vaguely and can have many meanings ascribed to it and as such it has impermissibly restrictive speech.

This gives room for wrongful incarceration. COUNT 1(Declaratory judgment) 12. Plaintiffs reaffirm and incorporates paragraphs 1 through 11 as set forth more fully herein below. 13. This is an action by the plaintiff for declaratory relief due to the current legal stake that the defendant has no legal standing or rights to enforce ordinance that purports to outlaw all street performances along St. Georges street. 14. As set forth above, the defendant cannot satisfy the legal standing requirements with this vague section of the constitution.

As set forth above, the plaintiff will suffer loss and irreparable harm in case the relief is not granted. Other street performers will also suffer the same fate (Elias 112). 15. Despite the revision of this ordinance, some sections are still vague as acts like singing can be done by an individual person for enjoyment and not for others.16. The defendant should thus be legally precluded from instituting the ordinance.Wherefore, the plaintiffs demand that the court takes jurisdiction of this case and;a) The defendant has no verified legal standing to institute section 22-9 of the constitution.b) The blockage of the street will cause irreparable damage and great loss to the plaintiff and other street performers. c) The defendant should be compelled by law to revise this section of the constitution.

COUNT 2(Injunctive relief)17. Plaintiffs re-alleges and re-affirms paragraphs 1through 16 hereinabove as fully set forth herein below.18. This action for emergency injunction is temporary. Plaintiffs use the St. Georges Street and the defendant shows no satisfaction of the mere necessary legal standing to enforce section 22-9 of the constitution.19. Specific facts set forth so far demonstrate that there is need for an emergency injunction to be granted; otherwise the plaintiff and other street performers could suffer irreparable damage and loss.

Therefore, with all evidence and legal stake withholding, the plaintiffs respectfully request the court to consider this matter and grant injunctive relief cancelling the blockade and impeding of the Southard Street for the reasons set forth hereinabove (Bastiat 129).Works Cited Bastiat. Frederick. The Law 3rd Ed. New York: Kessinger Publishers, 2010. PrintElias Stephen. Legal Research. Chicago: Nolo Publishing. Print