Judge Kathryn Loring Orders SJC from Enforcing Code Provision against Power

  • Fri May 25th, 2018 1:30am
  • News

Submitted by Nick Power, attorney at law

Judge Loring of San Juan County Superior Court ruled in favor of Nicholas Power and entered a temporary restraining order preventing San Juan County from enforcing San Juan County Code 18.40.400(c).

That Code provision limits the posting of political signage except for 45 days within an election.

Power argued that the code provision was an unconstitutional infringement of his first amendment rights. In today’s order, Judge Loring wrote, “Plaintiff had demonstrated a substantial likelihood of success.” And further indicated that the Mr. Power was entitled to immediate relief because of nature of his constitutional injury.

The county was also ordered to show cause why the restraining order should not continue. That matter will be heard on June 1, at 3 p.m.