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AMERICAN CHARITIES FOR REASONABLE
|-against-||Case No. CIV-T|
MARK SHIFFRIN, in his capacity as
Plaintiff’s Motion for Preliminary Injunction
1. Defendants MARK SHIFFRIN, in his capacity as Commissioner of the Connecticut Department of Consumer Protection, and RICHARD BLUMENTHAL, in his capacity as the Attorney General of the State of Connecticut, are granted enforcement powers over the Connecticut Unfair Trade Practices Act (“CUTPA”), and have so exercised those enforcement powers to use CUTPA to regulate the charitable speech rights of Plaintiff American Charities for Reasonable Fundraising Regulation, Inc.’s (“ACFRFR’s”) members.
2. The charitable speech rights of ACFRFR’s members are fully protected speech under the First and Fourteenth Amendments to the United States Constitution.
3. ACFRFR brings the herein cause of action both on behalf of itself and on behalf of its members. ACFRFR bases its right to challenge CUTPA on behalf of its members under the associational standing rules enunciated in Hunt v. Washington State Apple Advertising Commission, 97 S.Ct. 2424 (1977).
4. ACFRFR’s complaint alleges two causes of action, alleging that the Defendants’ use of CUTPA to regulate charitable speech activities violates the First and Fourteenth Amendments to the United States Constitution, and that such violations are actionable under 42 U.S.C. 1983, 1988. ACFRFR seeks declaratory and injunctive relief in its complaint, but no monetary damages for the alleged violations.
5. ACFRFR files the herein motion for preliminary injunction contemporaneously with its complaint, so as to redress the irreparable and immediate harm resulting from the Defendants’ unconstitutionally using CUTPA to regulate charitable speech activities.
WHEREFORE, the PLAINTIFF respectfully requests that this court issue a preliminary injunction, enjoining the Defendants and their agents from using CUTPA to regulate charitable speech activities, and specifically enjoining the Defendants from using Connecticut General Statutes Sections 42-110b, 42-110d, 42-110k, 42-110m, 42-110o, 42-110p, 42-295, 42-296, 42- 297, 42-298, 42-299, 42-300, and Regulation 42-110b-23 to regulate charitable speech.
SOROKIN SOROKIN GROSS
HYDE & WILLIAMS, P.C.
One Corporate Center
Attorneys for the Plaintiff
|CLIFFORD PERLMAN (7509)
PERLMAN & PERLMAN, ESQS.
220 Fifth Avenue, 7th Floor
New York, New York 10001
(212) 889-5228 (Fax)
Pro Hac Vice (application pending)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U.S. Mail to Defendant Mark Shiffrin, (ADDRESS) and to Defendant Richard Blumenthal (ADDRESS), on this __ day of June, 1998.