Prieto

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AND PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs bring this class action on their own behalf and on behalf of all those other persons who consider themselves to be Mexican-Americans, but who fear that they will not be counted as such in the 1970 Census. Plaintiffs contend that neither the mail-out, mail-back procedure nor the community education and follow-up procedures used by the Department of the Census will insure that all those who regard themselves as Mexican-Americans will be so counted. Accordingly, plaintiffs move for a preliminary injunction enjoining defendants from conducting the 1970 Census in a manner not calculated to fully account for all Mexican-Americans living in the United States of America or, in the alternative, from releasing any statistics gathered by the 1970 Census until plaintiffs and the class they represent are fully counted as Mexican-Americans.

Defendants oppose the motion for a preliminary injunction, and have also moved to dismiss the action for lack of jurisdiction.

I. Jurisdiction

Although several grounds of jurisdiction have been urged upon the court, we deem it unnecessary to comment…