MARCEL LIVAUDAIS, JR., United States District Judge.
Plaintiffs in this action are George Mellen, Jean Mellen, Claude T. Mauberret and John Sens. They have sued the City of New Orleans, Marc Morial, Mayor, and Richard Pennington, Superintendent of Police, seeking declaratory and injunctive relief against the enforcement of New Orleans City Ordinance 66-2 03(5), which they allege violates the First and Fourteenth Amendments to the United States Constitution. This Court has subject matter jurisdiction of this action under 28 U.S.C. § 1331, as it raises a federal question.
Plaintiffs George Mellen and Jean Mellen sought a temporary restraining order and a preliminary and permanent injunction against enforcement of the ordinance. The Court granted the temporary restraining order. A hearing was held on the preliminary injunction (Rec. Doc. No. 4).
After consideration of the matter, the Court entered its Order and Reasons (Rec. Doc. No. 6, Sept. 11, 1998) granting the application of the plaintiffs for a preliminary injunction enjoining enforcement of New Orleans City Ordinance No. 66-203 (5), finding that ordinance in question was unconstitutionally overbroad in contravention of the First and Fourteenth Amendments. A preliminary injunction was entered enjoining the ordinance's enforcement.
An amended complaint was filed in this action, adding plaintiffs Claude T. Mauberret and John Sens, managers of the Voo Carre Cafe Spirit, LLC, d/b/a The Gazebo, the purchasers of the assets of Gazebo, Inc., from plaintiffs George and Jean Mellen. The essential allegations of the complaint remained the same.
In lieu of a trial, all parties moved to submit the plaintiffs' application for a permanent injunction for decision on the record. The Court granted the motion, and is hereby considering that application.
For the reasons stated in the Order and Reasons entered on September 11, 1998 (Rec. Doc. No. 6), the Court finds that the plaintiffs are entitled to a permanent injunction enjoining the enforcement of New Orleans City Ordinance 66-203(5). These reasons are incorporated herein and are attached as addendum A.
Accordingly, judgment shall be entered permanently enjoining the City from enforcing Ordinance 66-203(5).
New Orleans, Louisiana, January 26th, 2000.