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Rhode Island Cases July 28, 2022: Stewart v. City of Pawtucket

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Court: U.S. District Court — District of Rhode Island
Date: July 28, 2022

Case Description

1

JENNIFER A. STEWART and CHERIE L. CRUZ, Plaintiffs
v.
CITY OF PAWTUCKET, by and through its Treasurer, Christopher Rosa, alias, KENNETH R. MCGILL, alias, in his individual and Official capacities as the Registrar of the Board of Canvassers of the City of Pawtucket, and JOHN HANLEY, alias in his individual and official capacities as the Director of Zoning for the City of Pawtucket, Defendants

C. A. No. 22-00280-MSM-LDA

United States District Court, D. Rhode Island

July 28, 2022

Plaintiffs, By their attorneys, Richard A. Sinapi Richard A. Sinapi, Esq. (#2977) American Civil Liberties Union Foundation of Rhode Island Sinapi Law Associates, Ltd.

Defendant City of Pawtucket, By its attorneys, Frank J. Milos Frank J. Milos, Esq. (#4808) Pawtucket City Solicitor

Marc DeSisto, Esq. (#2757) Kathleen A. Hilton, Esq. (#9473) DeSisto Law LLC

CONSENT ORDER

Mary S. McElroy, District Court Judge

By agreement of the parties and with approval of this Court, the following Order shall enter:

That the Defendant City of Pawtucket (“City”), its officers, agents, servants, employees, attorneys, and all those in active concert and/or participation with them are temporarily restrained and enjoined from enforcing and/or threatening to enforce certain provisions of the City Zoning Ordinance, specifically, §410-83, entitled “Signs,” as follows:

1. From prohibiting the erection and/or display of political campaign signs, including but not limited to candidate campaign signs or issue signs, or from subjecting the posting of any such signs to durational limits; and,
2. From imposing any size, placement, and/or illumination restrictions on political campaign signs, including but not limited to candidate campaign signs or issue signs, that are more stringent than those imposed on non-political signs.
3. This Order shall remain in full force and effect until further Order of this Court and/or agreement of the parties.