Gist of Court Injunction
 
Harlan Jacobsen Copyright © 2003    
 
 
*Heart of court injunction


    Whereas, pursuant to Federal Rule of Civil Procedure 65(b), the court finds that there is a threat of irreparable harm to plaintiff Harlan L. Jacobsen from operation of the Iowa DOT's policy to relocate newsracks for his two publications in Iowa DOT rest areas and whereas, in light of all of the circumstances known to the court and upon a balance of equities, the court concluded that a court injunction should issue, defendants, are hereby enjoined as follows:

    1. Defendants are hereby enjoined from interfering with or moving plaintiff Harlan L. Jacobsen's newspaper newsracks, except that they may enforce the following restrictions:
        a. Newspaper vendors may be prohibited from attaching their newsracks to historical markers, or from placing newsracks in locations that in any way obstruct or impede the public's viewing of historical markers.
        b. Newspaper vendors may be prohibited from anchoring their newsracks with exposed wires or cables that pose a danger to the public.
        c. Newspapers vendors may be regulated as to the manner and method by which they anchor their newsracks.
        d. Newsracks may be prohibited from areas within ten feet of any door, bench, drinking fountain, trash receptacle, rule and regulation sign, or historical marker.
        e. Newsracks may be prohibited from sidewalks.



However, where there is an area of concrete at a rest area whose width exceeds the width of a standard public sidewalk, then newspaper vendors shall be permitted to place newspapers newsracks on the concrete so long as the newsracks are not placed in a location that could impede the ordinary and customary flow of pedestrian traffic.

 
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