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Reference

Read Court Order in Ryan v. City of LB:
Temporary Restraining Order and Order to Show Cause, Salient Excerpts


Below are salient portions excerpted from the Temporary Restraining Order and Order to Show Cause issued on October 24, 2000 in L.A. County Superior Court in the case below. Deletions are indicated by elipses ("...")

Superior Court of the State of California
County of Los Angeles, Central District

Citizens United to Cut the Utility Tax .
("CUT2"), and Norm Ryan,

Plaintiffs,

v.

City of Long Beach, Henry Taboada,
individually and in his official
capacity as City Manager, City of Long
Beach, and DOES 1 through 10 inclusive,

Defendants.


...

IT IS ORDERED that the above-named Defendants, and each of them...show cause why they and their officers, agents, employees, and representatives and all persons acting in concert or participating with them, should not be enjoined and restrained from:

Using any funds, services, supplies, equipment, properties and resources of the City of Long Beach ("City") to oppose Measure J, the 50% Utility Users’ Tax (UUT) cut initiative on the November 7, 2000 ballot for the City of Long Beach Municipal Election;

Using any funds, services, supplies, equipment, properties and resources of the City of Long Beach ("City") to support or oppose Measure I, the 25% Utility Users’ Tax ("UUT") cut ballot measure placed on the November 7, 2000 ballot for the City of Long Beach Municipal Election by the Long Beach City Council;

Conducting partisan activities in opposition to Measure J using public resources of the City without allowing for similar use by any group supporting Measure J, including but not limited to:

using City facilities, equipment, labor, postage, printing services, mail services, and/or any other resources of the City for any publications, including but not limited to the "Long Beach Wave" or any similar publication that is not a fair and balanced presentation of all principle consequences, good and bad, of Measure J and/or the UUT.

Conducting partisan activities in support of or opposition to Measure I using public resources of the City without allowing for similar use by any group opposing Measure I, including but not limited to:

using City facilities, equipment, labor, postage, printing services, mail services, and/or any other resources of the City for any material, including but not limited to the "Long Beach Wave,"or any similar publication, that is not a fair and balanced presentation of the principle consequences, good and bad, of Measure I and/or the UUT.

...IT IS FURTHER ORDERED that, pending a hearing and determination of the OSC [Order to Show Cause], the above named defendants, and each of them, and their officers, agents, employees, representatives, and all persons acting in concert or participating with them are restricted and enjoined from:

Using any funds, services, supplies, equipment, properties and resources of the City of Long Beach ("City") to oppose Measure J, the 50% Utility Users’ Tax (UUT) cut initiative on the November 7, 2000 ballot for the City of Long Beach Municipal Election;

Using any funds, services, supplies, equipment, properties and resources of the City of Long Beach ("City") to support or oppose Measure I, the 25% Utility Users’ Tax ("UUT") cut ballot measure placed on the on the November 7, 2000 ballot for the City of Long Beach Municipal Election by the Long Beach City Council;

Conducting partisan activities in opposition to Measure J using public resources of the City without allowing for similar use by any group supporting Measure J, including but not limited to:

using City facilities, equipment, labor, postage, printing services, mail services, and/or any other resources of the City for any publications, including but not limited to the "Long Beach Wave" or any similar publication that is not a fair and balanced presentation of all principle consequences, good and bad, of Measure J and/or the UUT.

Conducting partisan activities in opposition to Measure I using public resources of the City without allowing for similar use by any group opposing Measure I, including but not limited to:

using City facilities, equipment, labor, postage, printing services, mail services, and/or any other resources of the City for any publications, including but not limited to the "Long Beach Wave" or any similar publication that is not a fair and balanced presentation of the principle consequences, good and bad, of Measure I and/or the UUT.


 

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