Garrett

ORDER GRANTING PLAINTIFFS’ APPLICATION FOR TEMPORARY RESTRAINING ORDER

INTRODUCTION

Now before this Court is Plaintiffs Roy Garrett, Mary Garrett and Escondido Human Rights Committee’s (collectively “Plaintiffs”) application for a temporary restraining order (“TRO”) to restrain Defendant City of Escondido (“Defendant”) from implementing and/or enforcing Ordinance No.2006-38 R, Chapter 16E of the Escondido Municipal Code. Doc. No. 3. Oral argument was heard on November 16, 2006, with appearances by Phillip Tencer, Alan Mansfield, and David Blair-Loy for Plaintiffs, and Donald Lincoln and Christopher Garrett for Defendant. This Court, after hearing the oral argument of counsel, and after a careful consideration of the pleadings, relevant exhibits, and for the reasons set forth below, GRANTED Plaintiffs’ application for temporary restraining order. The Court’s oral ruling of November 16, 2006, is hereby incorporated by reference into this Order.

BACKGROUND

On October 18, 2006, Defendant adopted Ordinance No.2006-38R titled “Establishing Penalties for the Harboring of Illegal Aliens in the City of Escondido” (the “Ordinance”). The Ordinance seeks to penalize “any person or…