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1
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MEMORANDUM OF POINTS AND AUTHORITIES
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EXTRACTED KEY WORDS
PLAINTIFFS GOVERNMENT CIR FIRST AMENDMENT DANCE PLEA AGREEMENT RIGHTS DECL PACIFIERS ELECTRONIC MUSIC CONCERTS STATE PALACE GLOW BAN STATE PALACE THEATER ATTENDEES UNITED STATES SMITH DECL CONSTITUTION STATE ACTION TEMPORARY RESTRAINING ELECTRONIC MUSIC EVENTS PRELIMINARY INJUNCTION FEDERAL GOVERNMENT CONFISCATION COORDINATED EFFORT AUTHORITIES INJUNCTIVE PROVISIONS BOYD DECL PERFORMERS |
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF LOUISIANA
STEVEN McCLURE, CLAYTON SMITH, and ] CASE DOCKET
MICHAEL BEHAN, ]
] DIVISION:
Plaintiffs, ]
] SECTION:
v. ]
] JUDGE:
JOHN D. ASHCROFT, sued in his capacity as ]
Attorney General of the United States, ]
]
Defendant. ]
PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES
IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING
ORDER AND PRELIMINARY INJUNCTION
TABLE OF CONTENTS
Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Table of Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I. INTRODUCTION AND SUMMARY OF ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . .
II. FACTUAL BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A. The Plea Agreement in United States v. Barbecue of New Orleans is the Result
Coordinated Effort to Eliminate Rave Culture. . . . . . . . . . . . . . . . .
B. Electronic Music Concerts Provide a Unique Venue for Expression. . . . . . .
III. ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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2
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CLASS ACTION COMPLAINT
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EXTRACTED KEY WORDS
PLAINTIFFS PACIFIERS MASKS ORLEANS ELECTRONIC MUSIC EVENTS GOVERNMENT SMITH CONCERT FIRST AMENDMENT CONSTITUTION BEHAN GLOW ATTENDEES UNITED STATES RAVE GLOWING OBJECTS CONFISCATION PLEA AGREEMENT PLAINTIFFS STEVEN MCCLURE PERFORMANCE ARTISTS MUSICAL CONCERT INJUNCTIVE RELIEF REQUIRING PERFORMERS VAPOR RUB PRODUCTS CLAYTON SMITH MICHAEL BEHAN DECLARATION FREE EXPRESSION |
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF LOUISIANA
STEVEN McCLURE, CLAYTON SMITH, and ] CASE DOCKET NO.
MICHAEL BEHAN, ]
] DIVISION:
Plaintiffs, ]] SECTION:
v. ]] JUDGE:
JOHN D. ASHCROFT, sued in his capacity as ]
Attorney General of the United States, ] CLASS ACTION
] COMPLAINT
Defendant. ]
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiffs Steven McClure, Clayton Smith, and Michael Behan bring this class action on
their own behalf and on behalf of a class of similarly situated performers and attendees of
electronic music events at the State Palace Theater in New Orleans, Lousiana. Plaintiffs, on
information and belief, hereby allege:
I. INTRODUCTION
1. This action seeks a declaration that performance artists at a musical concert have
right, protected by the First Amendment to the United States Constitution, to be free of
1
governmental restrictions on their artistic use of legal items, including glowing objects and
masks, during their public performances. Further, this action seeks a declaration that attendees of
a musical concert have the right, protected by the Fourth and Fifth Amendments to the United
States Constitution, to be free of governmental measures requiring the seizure and confiscation of
legally possessed items, including glowing objects, pacifiers, masks and massagers. Finally,
plaintiffs seek injunctive relief against the enforcement of the provisions of a plea agreement
barring the use and possession at a musical concert of legally possessed items, including glowing
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3
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JUDGMENT
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EXTRACTED KEY WORDS
COURT PLAINTIFFS PLEA AGREEMENT FIRST AMENDMENT UNITED STATES CONCERT ATTENDEES LEGAL ITEMS STATE PALACE THEATER CONSTITUTION MATTER PERFORMANCE ARTISTS SPEECH RAVES PROVISIONS DEFENDANT ENFORCEMENT INJUNCTIVE RELIEF CONFISCATION MUSICAL CONCERT SITUATED PLAINTIFFS SIMILARLY SITUATED PLAINTIFFS1 ASHCROFT BANNED ITEMS VAPOR RUB PACIFIERS LEGALLY POSSESSED ITEMS DECLARATION DISTRICT |
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA.
STEVEN MCCLURE, CLAYTON SMITH, CIVIL ACTION
and MICHAEL BEHAN
VERSUS
NO.
01-2573
JOHN D. ASHCROFT, sued in his capacity as
Attorney General of the United States SECTION "T" (5)
Filed on February 1, 2002
PORTEOUS, District J.
Before this Court come the above-named Plaintiffs, on their own behalf and on behalf of
all similarly situated plaintiffs1, who have requested: 1) a declaration that performance artists
musical concert have the right, protected by the First Amendment to the United States
Constitution, to be free of governmental restrictions on their artistic use of legal items during a
public performance; 2) a declaration that attendees of a musical concert have the right, protected
by the Fourth and Fifth Amendments to the United States Constitution, to be free of
governmental measures requiring the seizure and confiscation of legally possessed items; 3)
injunctive relief against the enforcement of the provisions of a plea agreement barring the use
and possession at a musical concert of legally possessed items. The matter came for trial without
a jury on December 17, 2001. The Court, having heard the testimony at trial and having
considered the record, the evidence, the applicable law, and the memoranda submitted by the
1 See Court Order of November 19, 2001, Granting Plaintiffs' Motion for Class
Certification (Document No. 26).
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