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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
ANDREW YOUNG, )
)
Plaintiff, )
vs. )
)
L. O. DAVIS, as Sheriff of ' )
St. Johns County, Florida; )
VIRGIL STUART', Chief of Police )
of St\ Augustine, a Municipal )
•corporation of St. Johns County, )
Florida; and JOSEPH A. SHELLEY, )
as Mayor of St. Augustine, )
Florida, )
)
Defendants. )
Fi LE
[)/· ':-' 1 ' 1~64
J ACi ':--C f'~'.'ILLE, FU.
J;U r"\! ,_/. .... BL:\,;c
CLERK
No. 64-133-C~v-J
ORDER DENYING MOTION FOR MODIFICATION
OF INJUNCTION
Hearing was held in this matter on Saturday, June
13, 1964, commencing at 10:30 A.M. -The Plaintiff and his
counsel were present, the Defendants were represented by
their counsel, who appeared for them at the hearings held
in this matte.r on June 1, 2 and 3, 1964, Mr. Chester Bedell.
The Attorney General of Florida, Honorable James
w. Kynes, appeared, accompanied by Assistant Attorneys Gener-al
Joe Jacobs and George R. Georgieff. Mr. Kynes presented
his Motion for leave to intervene as amicus curiae, and this
application -was granted by the Court.
Thereupon Mr. Kynes presented his Motion for modi-fication
of the Court's preliminary injunction entered June
9, l964~ Extensive evidence was received, the Attorney Gen-eral
of Florida calling three witnesses, and the Plaintiff
calli~g two witnesses.
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The issue before the Court was recognized by
counsel and by the Court to be whether or not conditions in
St. Augustine and St. Johns County had undergone such a
change since the entry of the Court's preliminary injunction
of June 9 as to warrant a change in the Court's findings
supporting said injunction with respect to "clear and present
danger" justifying prior restraint. That is to say, should
numbered paragraph 2 of the preliminary injunction, pro-scribing,
by injunctive restraint, the promulgation, issu-ance
or enforcement of orders of similar tenor to the oral
orders promulgated by the Defendants Davis and Stuart on
May 28 and May 29, 1964, be modified, in whole or in part,
or should the preliminary injunction be permitted to stand
without modification.
From the testimony and other proofs adduced at
said hearing, the Court finds that conditions in St. Augus-tine
and St. Johns County have not undergone any change for
the wors·e in the period of time intervening since June 9.
Law enforcement officers of the State of Florida, including
Florida Highway Patrol Officers, State Conservation Officers,
State Beverage Enforcement Agents, and others, are presently
on the scene, in a number of about 142. Major John W.
Jourdan, the senior Florida Highway Patrol Officer, who is
in charge of all State forces on the scene, testified that
he had authority to call additional Highway Patrol officers
when and if, in his judgment, the situation as it develops,
calls for such action.
I find, on the basis of the evidence received,
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that measures undertaken by local and State law enforcement
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in the St. Augustine area than existed at the time my in-
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junctive Order of June 9 was issued.
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I conclude that the showing before me at the
hearing on June 13 neither requires nor warrants any modi-v
fication of the terms of the preliminary injunction ·of June
9, 1964. Accordingly, it is
ORDERED:
1. That the "Motion to Amend Preliminary Injunc-tion"
of the State of Florida, filed in Open Court by the
Attorney General of Florida, Honorable James W. Kynes, on
June 13, 1964, is denied.
2. This denial is without prejudice to the
Court's entertaining further motions for modi£ication by
the State, by the Defendants, or by the Plaintiff. Equally,
this denial is intended to operate without prejudice to an
application for modification based upon any stipulation ar-rived
at between counsel for the respective parties.
DONE AND ORDERED at Jacksonville, Florida, within
said District, this Jun~ 15, 1964.
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IX
Copies mailed to:
WILLIAM M. KUNSTLER , ESQ.,
511 Fifth Avenue,
New York 17, New York.
TOBIAS SIMON, ESQ.,
223 S. E. First Street,
Miami 32, Florida.
EARL M. JOHNSON, ESQ.,
625 West Union Street,
Jacksonville, Florida
Counsel for Plaintiff
CHESTER BEDELL, ESQ.,
1520 Barnett Bank Building,
Jacksonville, Florida 32202
ROBERT A. ANDREU, ESQ.,
City Attorney,
St. Augustine, Florida.
Counsel for Defendants
HONORABLE JAMES W. KYNES,
Attorney General, State of Florida,
Tallahassee, Florida
Counsel for Amicus Curiae
Government & Legal Documents
