Local man files in federal court (w/ attached PDF of copy of the filed injunction)

Injunction asks U.S. District Court to stop IVGID free expression policy

MULTIMEDIA FEATURES Kroll Injunction

Staff Reports
May 9, 2008

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Crystal Bay resident Steven Kroll filed an emergency motion for injunction with the U.S. District Court Tuesday against the Incline Village General Improvement District regarding the district’s recently-enacted First Amendment policy.

The injunction includes an “emergency motion to enjoin” IVGID’s “Policy and Procedure No. 136 — Policy concerning access to district property and the use of district facilities for expression.” The policy went into effect Thursday, May 1, after the IVGID Board of Trustees unanimously adopted the policy at its April 30 meeting.

A request to enjoin can legally be defined as a request to prohibit or restrain, by an injunction, the defendant from enforcing a policy or law.

In the injunction, Kroll argues that Policy and Procedure No. 136 is unconstitutional because it infringes upon his and Incline Village and Crystal Bay residents’ First and 14th Amendment Rights.

Specifically, Kroll argues the policy, “purports to impose restrictions on constitutionally protected speech based among other things on the content of that speech, and grants to IVGID’s General Manager limitless power in the complete absence of any articulable standards to choose what speech or other fundamentally protected activity will be permitted by this Nevada public body, and what not; in violation of the First Amendment to the United States Constitution.”

“I haven’t read it yet,” IVGID General Manager Bill Horn said in a Thursday phone interview. “Until our attorneys review it, I would make no comment.”

Kroll asks the court to declare Policy and Procedure No. 136 unconstitutional under the First and 14th Amendments of the U.S. Constitution, and that the court order its “continued existence and enforcement by the district be permanently enjoined.”