Nat'l People's Action v. Vill. of Wilmette & Fred W. Stoecker, 914 F.2d 1008 (7th Cir. 1990). · Go Syfert
Nat'l People's Action v. Vill. of Wilmette & Fred W. Stoecker, 914 F.2d 1008 (7th Cir. 1990). Cases Citing This Book View Copy Cite
66 citation events (34 in the last 25 years) across 19 distinct courts.
Strongest positive: Chancey v. Illinois State Board of Elections (ilnd, 2022-10-14)
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Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Chancey v. Illinois State Board of Elections
N.D. Ill. · 2022 · quote attribution · 1 verbatim quote · confidence high
njunctions are especially appropriate in the context of first amendment violations because of the inadequacy of money damages.
discussed Cited as authority (verbatim quote) VAMOS, Concertacion Ciudadana Inc. v. Commonwealth of Puerto Rico
D.P.R. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
njunctions are especially appropriate in the context of first amendment violations because of the inadequacy of money damages.
discussed Cited as authority (verbatim quote) Petrello v. City of Manchester, et al.
D.N.H. · 2017 · quote attribution · 1 verbatim quote · confidence high
njunctions are especially appropriate in the context of first amendment violations because of the inadequacy of money damages.
discussed Cited as authority (verbatim quote) Campbell, James v. Miller, Frank
7th Cir. · 2004 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
even a temporary deprivation of first amendment freedom of expression rights is generally sufficient to prove irreparable harm.
discussed Cited as authority (verbatim quote) South/Southwest Ass'n of Realtors, Inc. v. Village of Evergreen Park (2×) also: Cited "see"
N.D. Ill. · 2000 · signal: see · quote attribution · 1 verbatim quote · confidence high
injunctions are especially appropriate in the context of first amendment violations because of the inadequacy of money damages.
discussed Cited as authority (rule) NetChoice, LLC v. Griffin
W.D. Ark. · 2025 · confidence medium
Nat’l People’s Action v. Vill. of Wilmette, 914 F.2d 1008, 1013 (7th Cir. 1990). “[T]he loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Lowry ex rel.
discussed Cited as authority (rule) DOE v. WEINTRAUB
E.D. Pa. · 2024 · confidence medium
Inadequacy of Legal Remedies The second factor—the inadequacy of legal remedies—also supports entry of a permanent injunction: “Money damages are insufficient to cure the First Amendment violation in this case; an equitable remedy is appropriate.” Id. at 470 (citing Nat’l People’s Action v. Wilmette, 914 F.2d 1008, 1013 (7th Cir. 1990)).
cited Cited as authority (rule) NetChoice, LLC v. Griffin
W.D. Ark. · 2023 · confidence medium
Nat’l People’s Action v. Vill. of Wilmette, 914 F.2d 1008, 1013 (7th Cir. 1990).
cited Cited as authority (rule) Fayetteville Public Library v. Crawford County, Arkansas
W.D. Ark. · 2023 · confidence medium
Nat’l People’s Action v. Vill. of Wilmette, 914 F.2d 1008, 1013 (7th Cir. 1990).
discussed Cited as authority (rule) Candy Lab Inc. v. Milwaukee County
E.D. Wis. · 2017 · confidence medium
If this is shown, courts ‘will generally presume that irreparable harm will occur in the absence of an injunction, Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976) (plurality opinion); Citizens for a Better Env’t v. City of Park Ridge, 567 F.2d 689, 691 (7th Cir. 1975) (holding that even a “temporary deprivation” of First Amendment rights constitutes irreparable harm), that there is no adequate remedy at law, Nat’l People’s Action v. Vill. of Wilmette, 914 F.2d 1008, 1013 (7th Cir. 1990), that the government will suffer no undue hardship from an injunction,…
discussed Cited as authority (rule) Jamal v. Kane (2×) also: Cited "see"
M.D. Penn. · 2015 · confidence medium
This court has held that injunctions are especially appropriate when violations of the First Amendment are concerned “because of the inadequacy of money damages.” Stilp v. Contino, 748 F.Supp.2d 460, 470 (M.D.Pa.2010) (quoting Nat’l People’s Action v. Wilmette, 914 F.2d 1008, 1018 (7th Cir.1990)).
discussed Cited as authority (rule) Stilp v. Contino
M.D. Penn. · 2010 · confidence medium
Inadequacy of Legal Remedies “[Injunctions are especially appropriate in the context of [F]irst [A]mendment violations because of the inadequacy of money damages.” Nat’l People’s Action v. Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990) (citing Flower Cab Co. v. Petitte, 685 F.2d 192, 195 (7th Cir.1982) (“In [First Amendment] cases the quantification of injury is difficult and damages are therefore not an adequate remedy.”)).
discussed Cited as authority (rule) National Coalition Of Prayer, Inc. v. Steve Carter
7th Cir. · 2006 · confidence medium
Action Council, 796 F.2d 1547 , 1552-57 (7th Cir.1986) (noting that the Supreme Court routinely requires that a time, place, and manner regulation be "narrowly tailored" and applying a four-part test that required consideration of whether the regulation was "narrowly tailored to serve the government objective"); Nat'l People's Action v. Vill. of Wilmette, 914 F.2d 1008, 1012-13 (7th Cir. 1990) (noting that the Supreme Court has reaffirmed "emphatically" that a regulation geared toward protected speech must be narrowly tailored and applying such an analysis); Gresham v. Peterson, 225 F.3d 899 ,…
discussed Cited as authority (rule) National Coalition of Prayer, Inc. v. Carter (2×)
7th Cir. · 2006 · confidence medium
See Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 64-65 (1983) (noting that “[b]eginning with Bigelow v. Virginia, 421 U.S. 809 (1975), this Court extended the 1 (...continued) a four-part test that required consideration of whether the regulation was “narrowly tailored to serve the government objective”); Nat’l People’s Action v. Vill. of Wilmette, 914 F.2d 1008, 1012-13 (7th Cir. 1990) (noting that the Supreme Court has reaffirmed “emphatically” that a regulation geared toward protected speech must be narrowly tailored and applying such an analysis); Gresham v. Peterson, 2…
discussed Cited as authority (rule) Ponce v. Socorro Independent School District
W.D. Tex. · 2006 · confidence medium
“Even a temporary deprivation of first amendment freedom of expression rights is generally sufficient to prove irreparable harm.” Nat’l People’s Action v. Vill. of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990) (cited in Campbell v. Miller, 373 F.3d 834, 840 (7th Cir.2004)); see Se.
discussed Cited as authority (rule) Verizon New England Inc. v. Maine Public Utilities Commission
D. Me. · 2005 · confidence medium
Verizon’s claim stands in contrast to constitutional claims grounded in substantive rights such as those conferred by the First Amendment in National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990) and the Eighth Amendment in Mitchell v. Cuomo, 748 F.2d 804, 806 (2d Cir.1984).
discussed Cited as authority (rule) James Campbell v. Frank Miller (2×)
7th Cir. · 2004 · signal: cf. · confidence medium
Cf. National People's Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990) ("Even a temporary deprivation of first amendment freedom of expression rights is generally sufficient to prove irreparable harm.").
discussed Cited as authority (rule) Castillo v. Cameron County, TX
5th Cir. · 2001 · confidence medium
The State has a legitimate interest in “protect[ing] its citizens from criminal elements.” Nat’l People’s Action v. Village of Wilmette, 914 F.2d 1008, 1011 (7th Cir. 1990) (citing Hynes v. Mayor & Council of Borough of Oradell, 425 U.S. 610, 618 (1976)).
discussed Cited as authority (rule) ca1 2001
1st Cir. · 2001 · confidence medium
The State has a legitimate interest in "protect[ing] its citizens from criminal elements." Nat'l People's Action v. Village of Wilmette, 914 F.2d 1008, 1011 (7th Cir. 1990) (citing Hynes v. Mayor & Council of Borough of Oradell, 425 U.S. 610, 618 (1976)).
discussed Cited as authority (rule) Castillo v. Cameron County
SCOTUS · 2001 · confidence medium
The State has a legitimate interest in “protect[ing] its citizens from criminal elements.” Nat’l People’s Action v. Village of Wilmette, 914 F.2d 1008, 1011 (7th Cir.1990) (citing Hynes v. Mayor & Council of Borough of Oradell, 425 U.S. 610, 618 , 96 S.Ct. 1755 , 48 L.Ed.2d 243 (1976)).
discussed Cited as authority (rule) McCormick v. Zero
N.D. Ill. · 2000 · confidence medium
In that respect the situation parallels what was said as to the constitutional guaranty of free speech in Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976): The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury- Accord, equating any deprivation of freedom of expression rights with irreparable harm and inadequacy of remedy at law, National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990). 9.
discussed Cited as authority (rule) John Stephen Rowe and Dr. Jeffrey L. Lant v. Michele Shake, Greg Hulse, Craig Hanks
7th Cir. · 1999 · confidence medium
See Owen v. Lash, 682 F.2d 648 , 652 n. 4 (7th Cir.1982) (depriving citizen of right to correspond violates substantive guarantees of First and Fourteenth Amendments); cf. Brownsburg Area Patrons Affecting Change v. Baldwin, 137 F.3d 503, 507 (7th Cir.1998) (ruling that plaintiff proved requisite irreparable harm required to secure preliminary injunction because the loss of First Amendment freedoms for even minimal periods of time constitutes irreparable injury); National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990) (same).
discussed Cited as authority (rule) Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton
S.D. Ohio · 1999 · confidence medium
As noted in National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1012 (1990), “[e]ven a temporary deprivation of a First Amendment freedom of expression is generally sufficient to prove irreparable harm.” The Court also notes that any citizen may post “no trespassing” signs and prevent entry by canvassers or solicitors.
discussed Cited as authority (rule) Hamlyn v. ROCK ISLAND COUNTY METROPOLITAN
C.D. Ill. · 1997 · confidence medium
Examples include a First Amendment claim that one's speech is presently being chilled, Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673, 2689-90 , 49 L.Ed.2d 547 (1976); National People's Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990); Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969), a Due Process or Eighth Amendment allegation concerning a continued threat to a prisoner's health or safety, Preston v. Thompson, 589 F.2d 300 , 302-03 & n. 3 (7th Cir.1978); Jolly v. Coughlin, 894 F.Supp. 734, 740 (S.D.N.Y.1995), aff'd, 76 F.3d 468, 482 (2d Cir.1996); Young v. B…
discussed Cited as authority (rule) Hamlyn v. Rock Island County Metropolitan Mass Transit District
C.D. Ill. · 1997 · confidence medium
Examples include a First Amendment claim that one’s speech is presently being chilled, Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673, 2689-90 , 49 L.Ed.2d 547 (1976); National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990); Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969), a Due Process or Eighth Amendment allegation concerning a continued threat to a prisoner’s health or safety, Preston v. Thompson, 589 F.2d 300 , 302-03 & n. 3 (7th Cir.1978); Jolly v. Coughlin, 894 F.Supp. 734, 740 (S.D.N.Y.1995), aff'd, 76 F.3d 468, 482 (2d Cir.1996); Youn…
discussed Cited as authority (rule) Wisconsin Central Ltd. v. Public Service Commission of Wisconsin
7th Cir. · 1996 · confidence medium
First, they claim that allowing the installation of a transmission facility to precede a determination of public use by PSC is precisely the sort of temporary deprivation of constitutional rights that we found to warrant injunctive relief in National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990), ce rt. denied, 499 U.S. 921 , 111 S.Ct. 1311 , 113 L.Ed.2d 245 (1991).
discussed Cited as authority (rule) Wisconsin Central Limited v. Public Service Commission Of Wisconsin
7th Cir. · 1996 · confidence medium
First, they claim that allowing the installation of a transmission facility to precede a determination of public use by PSC is precisely the sort of temporary deprivation of constitutional rights that we found to warrant injunctive relief in National People's Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990), cert. denied, 499 U.S. 921 , 111 S.Ct. 1311 , 113 L.Ed.2d 245 (1991).
discussed Cited as authority (rule) Kinney v. Chicago & Northeast Illinois District Council United Brotherhood of Carpenters & Joiners
N.D. Ill. · 1993 · confidence medium
National People's Action v. Village of Wilmette, 914 F.2d 1008, 1010-11 (7th Cir.1990); Lawson Prods., Inc. v. Avnet, Inc., 782 F.2d 1429 , 1433 (7th Cir.1986); Roland Machinery Co. v. Dresser Indus., Inc., 749 F.2d 380, 386-88 (7th Cir.1984).
discussed Cited as authority (rule) Bates v. State of Wis.
E.D. Wis. · 1993 · confidence medium
Roland Machinery Co. v. Dresser Industries, Inc., 749 F.2d 380, 386-87 (7th Cir.1984) (citations, omitted) If the movant can meet this threshold, burden, the inquiry then becomes a ‘sliding scale’ analysis of the harm to the parties and the public from, the grant or denial of the injunction and the actual likelihood of success on the merits.” National People’s Action v. Wilmette, 914 F.2d 1008, 1010 (7th Cir.1990), cert. denied, Wilmette v. National People’s Action, — U.S. —, 111 S.Ct. 1311 , 113 L.Ed.2d 245 (1991).
discussed Cited as authority (rule) PARKER BY PARKER v. Trinity High School
N.D. Ill. · 1993 · confidence medium
National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1010-11 (7th Cir.1990); Lawson Prods., Inc. v. Avnet, Inc., 782 F.2d 1429 , 1433 (7th Cir.1986); Roland Machinery Co. v. Dresser Indus., Inc., 749 F.2d 380, 386-88 (7th Cir.1984).
discussed Cited as authority (rule) Jak Productions, Incorporated, an Indiana Corporation v. Edward J. Wiza, III
7th Cir. · 1993 · confidence medium
National People's Action v. Village of Wilmette, 914 F.2d 1008, 1011 (7th Cir. 1990), cert. denied, — U.S. —, 111 S.Ct. 1311 , 113 L.Ed.2d 245 (1991), citing Lawson Products, Inc. v. Avnet, Inc., 782 F.2d 1429, 1437 (7th Cir.1986); cf. United States v. Rural Elec.
discussed Cited as authority (rule) Wisconsin Music Network, Inc. v. Muzak Ltd. Partnership
E.D. Wis. · 1992 · confidence medium
Before a preliminary injunction will issue, the movant must show, as a threshold matter, that: 1) they have no adequate remedy at law; 2) they will suffer irreparable harm if the injunction is not granted; and 3) they have some likelihood of success on the merits in the sense that their “chances are better than negligible.” National People’s Action v. Wilmette, 914 F.2d 1008, 1010 (7th Cir.1990) (quoting Roland Machinery Co. v. Dresser Industries, Inc., 749 F.2d 380, 386-87 (7th Cir.1984)).
discussed Cited as authority (rule) Burlington Northern Railroad v. Brotherhood of Maintenance of Way Employes
N.D. Ill. · 1992 · confidence medium
DISCUSSION In deciding whether a TRO is appropriate, the movant must demonstrate, as a threshold matter, that: “(1) they have no adequate remedy at law; (2) they will suffer irreparable harm if the injunction is not granted; and (3) they have some likelihood of success on the merits in the sense that their ‘chances are better than negligible.’ ” National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1010 (7th Cir.1990) (quoting Roland Machinery Co. v. Dresser Industries, Inc., 749 F.2d 380, 386-87 (7th Cir.1984); Thornton v. Barnes, 890 F.2d 1380, 1384 (7th Cir.1989).
discussed Cited as authority (rule) Fashion Victim, Ltd. v. Sunrise Turquoise, Inc.
N.D. Ill. · 1992 · confidence medium
Ping, 870 F.2d at 1371 (which has also been quoted and relied on in such later cases as National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1010-11 (7th Cir.1990)) refers to harm to the public, as well as to the parties, as a factor in the “sliding scale” analysis.
discussed Cited as authority (rule) Elsa I. Carmichael, Barry W. Wilson, Geoffrey Wilson v. Basler Turbo Conversions, Incorporated, Basler Flight Services, Incorporated, Warren Basler
7th Cir. · 1992 · confidence medium
Analysis A. Standard for granting or denying preliminary injunction "[T]he district court must consider a number of factors in deciding whether to grant a preliminary injunction: 'Before a preliminary injunction will issue, the movant must show, as a threshold matter, that: (1) they have no adequate remedy at law; (2) they will suffer irreparable harm if the injunction is not granted; and (3) they have some likelihood of success on the merits in the sense that their "chances are better than negligible." ' " National People's Action v. Village of Wilmette, 914 F.2d 1008, 1010 (7th Cir.1990) (qu…
discussed Cited as authority (rule) Hoosier Penn Oil Company v. Ashland Oil Company
7th Cir. · 1991 · confidence medium
However, the ultimate evaluation and balancing of the equitable factors is a highly discretionary decision and one to which this court must give substantial deference.’ ” National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1011 (7th Cir.1990), quoting Lawson Products, Inc. v. Avnet, Inc., 782 F.2d 1429, 1437 (7th Cir.1986) (citations omitted).
discussed Cited "see" Independence Institute v. Gessler
D. Colo. · 2013 · signal: see · confidence high
See Nat’l People’s Action v. Vill. of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990) (“[I]n-junctions are especially appropriate in the context of first amendment violations because of the inadequacy of money damages”); see also Legend Night Club v. Miller, 637 F.3d 291, 297 (4th Cir.2011).
discussed Cited "see" Hatchett v. Barland
E.D. Wis. · 2011 · signal: see · confidence high
See Nat’l People’s Action v. Vill. of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990) (“[Unjunctions are especially appropriate in the context of first amendment violations because of the inadequacy of money damages”); see also Flower Cab.
discussed Cited "see" Entertainment Software Ass'n v. Blagojevich
N.D. Ill. · 2005 · signal: see · confidence high
See National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990) (“[Ijnjunctions are especially appropriate in the context of first amendment violations because of the inadequacy of money damages.”).
cited Cited "see" First Defense Legal Aid v. City of Chicago
N.D. Ill. · 2002 · signal: see · confidence high
See Nat’l People’s Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990).
discussed Cited "see" Fireside Nissan v. Fanning, DOT RI
1st Cir. · 1994 · signal: see · confidence high
See National People's Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir. 1990), cert. denied, 499 U.S. 921 (1991) (finding constitutional violation sufficient to establish irreparable injury); Mitchell v. Cuomo, 748 F.2d 804, 806 (2d Cir. 1984) (same).
discussed Cited "see" Fireside Nissan v. Fanning, DOT RI
1st Cir. · 1994 · signal: see · confidence high
See National People's Action ___ _________________________ v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir. 1990), ____________________ cert. denied, 499 U.S. 921 (1991) (finding constitutional ____ ______ violation sufficient to establish irreparable injury); Mitchell ________ v. Cuomo, 748 F.2d 804, 806 (2d Cir. 1984) (same).
discussed Cited "see" Fireside Nissan, Inc. v. Daniel P. Fanning, Director, Department of Transportation for State of Rhode Island
1st Cir. · 1994 · signal: see · confidence high
See National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990), cert. denied, 499 U.S. 921 , 111 S.Ct. 1311 , 113 L.Ed.2d 245 (1991) (finding constitutional violation sufficient to establish irreparable injury); Mitchell v. Cuomo, 748 F.2d 804, 806 (2d Cir.1984) (same).
cited Cited "see" STORCK USA, LP v. Farley Candy Co., Inc.
N.D. Ill. · 1992 · signal: see · confidence high
See National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1010-11 (7th Cir.1990).
cited Cited "see" STORCK USA, LP v. Farley Candy Co., Inc.
N.D. Ill. · 1992 · signal: see · confidence high
See National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1010-11 (7th Cir.1990). *733 I.
discussed Cited "see" Massachusetts Mutual Life Insurance v. Associated Dry Goods Corp.
N.D. Ind. · 1992 · signal: see · confidence high
See National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1011 (7th Cir.1990); Thornton v. Barnes, 890 F.2d at 1385 ; Gould v. Lambert Excavating, Inc., 870 F.2d 1214 , 1217 (7th Cir.1989). *1428 Injunctive relief was ordered and affirmed in Lincoln Tower Corp. v. Richter’s Jewelry Co., Inc., 152 Fla. 542 , 12 So.2d 452 (1943), although the opinion leaves it unclear whether the tenant was enjoined to keep its store open during hours in which it wanted to close for want of sufficient help, or to keep the store from closing altogether.
discussed Cited "see, e.g." Pacific Frontier v. Pleasant Grove City
10th Cir. · 2005 · signal: see, e.g. · confidence medium
See, e.g., Nat’l People’s Action v. Village of Wilmette, 914 F.2d 1008, 1012-13 (7th Cir.1990) (affirming injunction against fingerprint requirement of solicitation license on First Amendment grounds because record does not establish that village can use the fingerprints to conduct background checks or investigate crimes, village has never used fingerprints for either purpose, and background checks are possible through other means).
cited Cited "see, e.g." Joelner, Eric v. Village Washington
7th Cir. · 2004 · signal: see also · confidence medium
Co. v. Reno, 154 F.3d 281, 288 (6th Cir. 1998); Erickson, 13 F.3d at 1067 ; see also Nat’l People’s Action v. Vill. of Wilmette, 914 F.2d 1008, 1110-11 (7th Cir. 1990).
cited Cited "see, e.g." Eric Joelner, Fish, Inc. D/B/A Xxxtreme Entertainment, Free Speech, Inc., and First Amendment, Inc. v. Village of Washington Park, Illinois
1st Cir. · 2004 · signal: see also · confidence medium
Co. v. Reno, 154 F.3d 281, 288 (6th Cir.1998); Erickson, 13 F.3d at 1067 ; see also Nat’l People’s Action v. Vill. of Wilmette, 914 F.2d 1008, 1010-11 (7th Cir.1990).
discussed Cited "see, e.g." Ohio Citizen Action v. City of Mentor-On-The-Lake
N.D. Ohio · 2003 · signal: see, e.g. · confidence low
See, e.g., National People’s Action v. Village of Wilmette, 914 F.2d 1008 (7th Cir.1990), cert. denied Village of Wilmette v. National People’s Action, 499 U.S. 921 , 111 S.Ct. 1311 , 113 L.Ed.2d 245 (1991)(fingerprinting requirement for political canvassers violated First Amendment); Ohio Citizen Action v. City of Avon Lake, 986 F.Supp. 454 (N.D.Ohio 1997)(requirement that applicant provide fingerprints upon request of licensing authority violates First Amendment).
NATIONAL PEOPLE’S ACTION, Plaintiff-Appellee,
v.
VILLAGE OF WILMETTE and Fred W. Stoecker, Defendants-Appellants
89-3446.
Court of Appeals for the Seventh Circuit.
Oct 3, 1990.
914 F.2d 1008
Edward A. Voci, Chicago, Ill., for plaintiff-appellee., Anne Lorenz, Garr & Associates, Gregory E. Rogus, Segal, McCambridge, Singer & Mahoney, Chicago, Ill., Robert J. Mangier, Wilmette, Ill., for defendants-appellants.
Coffey, Ripple, Manion.
Cited by 55 opinions  |  Published
RIPPLE, Circuit Judge.

National People’s Action (NPA) filed suit pursuant to 42 U.S.C. § 1983 against the Village of Wilmette (Village), challenging the constitutionality of the Village’s registration ordinance regulating door-to-door solicitation. NPA sought money damages and an injunction against further enforcement of the ordinance. The district court denied NPA’s motion for a preliminary injunction against the Village’s prohibition of solicitors who have been convicted of a felony within the previous five years, but the court granted NPA’s motion for a preliminary injunction against the Village’s requirement that prospective solicitors submit fingerprints on their application for registration. The appellants filed a timely notice of appeal. For the following reasons, we affirm.

I

BACKGROUND

A. Procedural Posture

NPA’s complaint alleged that section 5-5.3 of the Village of Wilmette Code (registration of solicitors) violated its first amendment free speech rights because the fingerprinting requirement discouraged its employee-solicitors from applying for a solicitation permit. In addition, the complaint alleged that the ordinance was overly broad in prohibiting the registration as a solicitor of any person who had been convicted of a felony within the previous five years.

The district court denied a preliminary injunction regarding the prohibition against the registration of felons. It granted a preliminary injunction regarding the fingerprinting requirement. The Village and Police Chief Stoecker appealed the grant of the preliminary injunction. [1] On November 17, 1989, the appellants moved in this court for an order staying the preliminary injunction. A motions panel of this court denied the stay on December 14, 1989.

B. District Court Proceedings

The first witness at the hearing on the preliminary injunction was Fred Stoecker, the chief of police for the Village. He testified that a prospective solicitor was required to submit a registration application and to be fingerprinted in the lobby of the police station. [2] Chief Stoecker acknowledged that the fingerprints on the registration form (as opposed to special fingerprint cards) could not be used for[*1010] classification purposes. Upon questioning by the court, Chief Stoeeker testified that the fingerprinting requirement served two purposes: to use for comparison purposes in the event a solicitor is suspected in a crime, and to receive more accurate information on the registration form. When the court asked Chief Stoeeker to clarify the latter purpose, the following colloquy ensued:

Q. [by the court] What is the basis for your belief that if fingerprints are required on that form the information that you get from the person seeking to be a solicitor in your town will be more accurate?
A. We have had many occasions when we are asked for applications and they are sent in, information is sent in, and once solicitors come into the building and see the process they leave.
Q. So that is the basis for that belief? A. Yes.

Tr. of Feb. 23, 1989 at 18.

The court also received testimony from Frederick Clauser, the deputy chief of police, who stated that he was unaware of any occasion in which the fingerprints on the registration forms were used to confirm that a solicitor had committed a crime, although he believed that it would be feasible to use the fingerprints in that manner. [3] Finally, several NPA solicitors testified that they refused to give fingerprints at the police station because the process was associated with having committed a crime. Rather than be fingerprinted, the solicitors chose not to solicit in Wilmette.

On November 2, 1989, the district court issued oral findings of fact in support of its decision to grant a preliminary injunction. The court summarized its conclusion as follows: “The Court is not convinced that the requirement serves any useful purpose and, further, it finds it significantly deters qualified solicitors from coming into the village.” Tr. of Nov. 2, 1989 at 6. In addition, the court found that the evidence at the hearing indicated that the fingerprints were not used to check identification, and that the Village had other means available to check if the applicants had a criminal record. With respect to the use of the fingerprints in later criminal investigations, the court concluded:

The only possible use of these prints for a legitimate government purpose might be in solving a crime where latent prints were found at the scene, however, because of the way the prints are taken such use here is problematic. Further, the evidence does not reflect that this has ever happened in Wilmette.
We conclude that the village fingerprint requirement at best only slightly serves some kind of a government interest, that it has the effect of chilling proper solicitation, and in fact is used by Wilmette for that very purpose.

Id. at 7.

II

ANALYSIS

A. The Applicable Standards

1.

The standards that apply to a grant of a preliminary injunction are well established. Initially, the district court must consider a number of factors in deciding whether to grant a preliminary injunction:

Before a preliminary injunction will issue, the movant must show, as a threshold matter, that: (1) they have no adequate remedy at law; (2) they will suffer irreparable harm if the injunction is not granted; and (3) they have some likelihood of success on the merits in the sense that their “chances are better than negligible.” Roland Machinery Co. v. Dresser Industries, Inc., 749 F.2d 380, 386-87 (7th Cir.1984); see also Lawson Products, Inc. v. Avnet, Inc., 782 F.2d 1429, 1433 (7th Cir.1986). If the movant can meet this threshold burden, the in[*1011] quiry then becomes a “sliding scale” analysis of the harm to the parties and the public from the grant or denial of the injunction and the actual likelihood of success on the merits.

Ping v. National Educ. Ass’n, 870 F.2d 1369, 1371 (7th Cir.1989) (emphasis in original).

The standard that we apply to review the district court’s determination is “tailored to the various functions that the district court must perform in fulfillment of its responsibilities.” Thornton v. Barnes, 890 F.2d 1380, 1384 (7th Cir.1989). This court summarized this review as follows:

[T]he preliminary injunction decision involves the resolution of a number of different issues, some of which are non-discretionary; others, like the final weighing and balancing of the equities, are classically left to the discretion of the district judge. Appellate review therefore must vary with the nature of the lower court decision. When a court of appeals considers a preliminary injunction order, which should set forth the judge’s reasoning under Fed.R.Civ.P. 65(d), the factual determinations are reviewed under a clearly erroneous standard and the necessary legal conclusions are given de novo review. SEC v. Suter, 732 F.2d 1294, 1300 (7th Cir.1984); E. Remy Martin & Co. v. Shaw-Ross International Imports, 756 F.2d 1525, 1529 (11th Cir.1985). However, the ultimate evaluation and balancing of the equitable factors is a highly discretionary decision and one to which this court must give substantial deference. The variance in the standard of review expressed in Roland may, in part, be attributed to the existence of errors of law or fact. Clearly, a factual or legal error may alone be sufficient to establish that the court “abused its discretion” in making its final determination.

Lawson Prods., Inc. v. Avnet, Inc., 782 F.2d 1429, 1437 (7th Cir.1986); see also Somerset House, Inc. v. Turnock, 900 F.2d 1012, 1014 (7th Cir.1990) (factual determinations reviewed on abuse of discretion standard). Based on these standards, “ ‘ “our review is limited to determining ‘whether the judge exceeded the bounds of permissible choice in the circumstances, not what we would have done if we had been in his shoes.’ ” ’ ” Thornton, 890 F.2d at 1385 (quoting International Kennel Club, Inc. v. Mighty Star, Inc., 846 F.2d 1079, 1084 (7th Cir.1988) (quoting A.J. Canfield Co. v. Vess Beverages, Inc., 796 F.2d 903, 906 (7th Cir.1986) (quoting Roland Mach. Co. v. Dresser Indus., 749 F.2d 380, 390 (7th Cir.1984)))); see also Cox v. City of Chicago, 868 F.2d 217, 219 (7th Cir.1989) (review of grant or denial of preliminary injunction is under abuse of discretion standard); David K. v. Lane, 839 F.2d 1265, 1271 (7th Cir.1988) (deferential standard of review).

2.

An ordinance that regulates first amendment activity must be “narrowly drawn.” Village of Schaumberg v. Citizens for a Better Env’t, 444 U.S. 620, 637, 100 S.Ct. 826, 836, 63 L.Ed.2d 73 (1980); Hynes v. Mayor of Oradell, 425 U.S. 610, 617, 96 S.Ct. 1755, 1759, 48 L.Ed.2d 243 (1976). Also, the ordinance must be designed not to “unnecessarily interfer[e] with First Amendment freedoms.” Schaumberg, 444 U.S. at 637, 100 S.Ct. at 836. “ ‘Precision of regulation must be the touchstone....’” Id. (quoting NAACP v. Button, 371 U.S. 415, 438, 83 S.Ct. 328, 340, 9 L.Ed.2d 405 (1963)).

The Supreme Court, in dicta, has approved the use of identification devices as a requirement for receiving a solicitation permit. See Martin v. City of Struthers, 319 U.S. 141, 148, 63 S.Ct. 862, 866, 87 L.Ed. 1313 (1943); Cantwell v. Connecticut, 310 U.S. 296, 306, 60 S.Ct. 900, 904, 84 L.Ed. 1213 (1940); see also Hynes, 425 U.S. at 618, 96 S.Ct. at 1759. This regulation is allowed because of the legitimate interests of the state to protect its citizens from criminal elements and unwanted disruptions at home. Hynes, 425 U.S. at 618, 96 S.Ct. at 1759; Martin, 319 U.S. at 148, 63 S.Ct. at 866. Finding the proper means to control solicitation is a problem that “must be worked out by each community for itself with due respect for the constitutional[*1012] rights of those desiring to distribute literature and those desiring to receive it, as well as those who choose to exclude such distri-buters from the home.” Martin, 319 U.S. at 148-49, 63 S.Ct. at 866. Nevertheless, such restrictions on expression must be content-neutral and “narrowly tailored to serve a significant governmental interest,” and they must “leave open ample alternative channels for communication of the information.” Clark v. Community for Creative Non-Violence, 468 U.S. 288, 293, 104 S.Ct. 3065, 3069, 82 L.Ed.2d 221 (1984); see also Members of the City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 808, 812, 104 S.Ct. 2118, 2130, 2132, 80 L.Ed.2d 772 (1984). In applying this standard, it must be remembered that the Supreme Court has reaffirmed — emphatically — “that a regulation of the time, place, or manner of protected speech must be narrowly tailored to serve the government’s legitimate content-neutral interests but that it need not be the least-restrictive or least-intrusive means of doing so. Rather, the requirement of narrow tailoring is satisfied ‘so long as the ... regulation promotes a substantial government interest that would be achieved less effectively absent the regulation.’ ” Ward v. Rock Against Racism, — U.S. -, 109 S.Ct. 2746, 2757-58, 105 L.Ed.2d 661 (1989) (quoting United States v. Albertini, 472 U.S. 675, 689, 105 S.Ct. 2897, 2906, 86 L.Ed.2d 536 (1985)) (footnote omitted).

B. Application to This Case

The parties in this case mainly dispute one of the elements necessary to support a preliminary injunction: NPA’s likelihood of success on the merits. NPA charges that the fingerprinting requirement unnecessarily impedes its first amendment freedom of speech, as applied to the states by the fourteenth amendment, [4] because it is intended to discourage applicants for solicitation permits. NPA contends that the ordinance does not serve a legitimate governmental objective because there is no evidence that the required fingerprinting deters criminal conduct or would significantly aid investigations of future criminal conduct. With respect to the latter point, NPA points out that, even if identifying criminals is a legitimate goal, the fingerprinting in this case is ineffective in achieving that goal because of the nonprofessional manner in which the fingerprints are taken. NPA concludes that the ordinance is not narrowly tailored because “sufficient, narrower, and less stigmatizing means of corroborating the identity of solicitors and deterring criminal behavior,” Appellee’s Br. at 23, are available and indeed have been used by the Village. Moreover, the Village allows citizens to place “no solicitor” signs on their door to deter criminals posing as solicitors.

The record before the district court amply supports its determination that the plaintiff established a probability of success on the merits. First, the court, which was permitted to make credibility determinations, concluded that the fingerprints, as taken by the Village, “really cannot be used to check for criminal records and the village does not try to do that.” Tr. of Nov. 2, 1989 at 6. In short, on the record before it, the district court was entitled to conclude that the fingerprinting requirement served little or no legitimate governmental purpose. The only possible use of the fingerprints was to assist the authorities in later criminal investigations. However, the district court found specifically that the use of the fingerprints for this purpose was “problematic,” id. at 7, because of the manner in which the prints were taken. Furthermore, the court concluded that “the evidence does not reflect” that the prints were ever used for such a purpose in Wilmette. Id. Accordingly, we cannot say, as Ward requires, that the “ ‘regulation promotes a substantial government interest that would be achieved less effectively absent the regulation.’ ” Ward, 109 S.Ct. at 2758 (quoting United States v. Albertini, 472 U.S. 675, 689, 105 S.Ct. 2897, 2906, 86 L.Ed.2d 536 (1985)).

[*1013] Moreover, the district court emphasized that the fingerprinting procedure also affirmatively discourages protected activity: [5]

Indeed, in an effort to justify the fingerprinting the chief of police stated in response to a question by this Court that the only tangible benefit he saw from the fingerprinting was that it discouraged solicitors and that many left the village rather than comply with the requirement.

Tr. of Nov. 2, 1989 at 6-7. The district court’s conclusion as to the true purpose and effect of the fingerprinting requirement is substantiated by the fact that, although the fingerprinting procedure was of no help in checking criminal records, such a check was easily possible through other means.

The appellants also contest — in a rather conclusory and superficial manner — the other elements necessary to support a preliminary injunction. The appellants claim that NPA will not suffer irreparable harm because the group can solicit in all the other cities and villages in Illinois. We reject this argument. The harm created by restricting the prospective solicitors’ right of expression in Wilmette cannot be cured by pointing to other municipalities that do allow free exercise of speech. Even a temporary deprivation of first amendment freedom of expression rights is generally sufficient to prove irreparable harm. See Citizens for a Better Env’t v. City of Park Ridge, 567 F.2d 689, 691 (7th Cir.1975); Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969); see also 11 C. Wright & A. Miller, Federal Practice and Procedure § 2948 at 440 (1973); cf. Dombrowski v. Pfister, 380 U.S. 479, 486, 85 S.Ct. 1116, 1120-21, 14 L.Ed.2d 22 (1965) (allegation of impairment to freedom of expression demonstrated an irreparable injury); Somerset House, Inc. v. Turnock, 900 F.2d 1012, 1018 (7th Cir.1990) (allegation of first amendment violation supports finding of irreparable injury). The district court found that the fingerprinting requirement inhibited protected speech in Wilmette by discouraging prospective solicitors from filling out the required registration form. This finding is not clearly erroneous and does support a conclusion of irreparable harm.

The appellants also assert that NPA has an adequate remedy at law because there would be a full hearing in the future. But injunctions are especially appropriate in the context of first amendment violations because of the inadequacy of money damages. See generally Flower Cab Co. v. Petitte, 685 F.2d 192, 195 (7th Cir.1982) (“In [first amendment] cases the quantification of injury is difficult and damages are therefore not an adequate remedy.”).

Finally, the appellants assert that the harm that the Village would suffer outweighs the harm to NPA, because of the harm that a criminal can inflict should one obtain a solicitor’s permit. This argument ignores the district court’s finding that the fingerprints are not used to cheek criminal records and that the Village has other means that it currently uses to check the records. As we have noted, the district court’s finding that the fingerprinting requirement does not serve to deter crime is not clearly erroneous.

Based on the record before us, we conclude that the district court did not err in granting a preliminary injunction.

Conclusion

The judgment of the district court is affirmed.

Affirmed.

1

. NPA does not appeal the denial of a preliminary injunction on the five year felon restriction, and thus we shall not consider that issue.

2

. There was a room outside the view of the general public for use in taking the fingerprints of suspects.

3

. Although Chief Stoeeker originally stated during his testimony that the fingerprints had been used in burglary investigations, Tr. of Feb. 23, 1989 at 18-19, he admitted on further examination that that statement might be inaccurate: "I might have been inaccurate in saying that we use the prints for comparisons. More accurately, I would say that we found that solicitors were involved in burglaries in the community on two occasions." Id. at 19.

4

. See Gitlow v. New York, 268 U.S. 652, 666, 45 S.Ct. 625, 630, 69 L.Ed. 1138 (1925).

5

. The Third Circuit dealt with a similar fingerprinting requirement in New Jersey Citizen Action v. Edison Township, 797 F.2d 1250 (3d Cir.1986), cert. denied, 479 U.S. 1103, 107 S.Ct. 1336, 94 L.Ed.2d 186 (1987). After reviewing the Supreme Court precedent; id. at 1263-65, the court concluded that there was not a substantial relationship between the fingerprinting and an important state interest. Id. at 1265. The court noted that the fingerprints would assist in the apprehension of a canvasser who commits a crime, but determined that the city had not shown a relationship between canvassers and criminal behavior. Id.