Telemundo of Los Angeles v. City of Los Angeles

FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF PRELIMINARY INJUNCTION GRANTED TO PLAINTIFFS

Plaintiffs’ Application for a Preliminary Injunction (the “Application”) came on regularly for hearing before this Court on September 10, 2003. After reviewing the materials submitted by the parties, argument of counsel, and the case file, the Court hereby makes the following findings of fact and conclusions of law:

I. FINDINGS OF FACT

1. On September 15, 2003, the City of Los Angeles is scheduled to hold an official ceremony and celebration at City Hall Plaza to commemorate the 193rd anniversary of the beginning of the Mexican War of Independence against colonial Spain, known as the tradition of “El Grito” (The Cry). See Declaration of Monica Gil (“Gil Deck”) ¶ 2; Ex Parte Application, Exh. B.

2. The El Grito ceremony commemorates a Mexican tradition that dates back to 1810, when Father Miguel Hidalgo y Costilla gave the cry that initiated the events that culminated in the war for independence from Spain. Id.

3. Univision Television Group, Inc., d.b.a. KMEX-TV (“KMEX”) originated the concept of the celebration and has produced and broadcast the celebration exclusively for the…