FULL TEXT OF MAY 16 PRELIMINARY INJUNCTION:
FILED: MAY 16 2000 4:23 PM
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FT.
FUNSTON DOG WALKERS, a
membership
organization; SFDOG, a California
limited
partnership; LINDA MCKAY, an individual;
FLORENCE SARRETT, an
individual;
LINDSAY KEFAUVER; an individual;
and MARION CARDINAL, an individual,
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Plaintiffs,
V.
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BRUCE BABBITT, Secretary of the Interior;
ROBERT STANTON, Director of the National Park Service; JOHN REYNOLDS, Regional
Director, Pacific West Region, National Park
Service; and BRIAN O'NEILL, General Superintendent of the Golden Gate National
Recreation Area,
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Defendants.
____________________________________/
GOLDEN GATE AUDUBON SOCIETY,
Intervener/Defendant.
____________________________________/
Based
on the Court's findings of fact and conclusions
of law dated April 23, 2000, the Court enters the following preliminary
injunction against defendants:
Effective
upon the end of the pending emergency (declared by the National Park Service
upon the April return of the bank swallows), defendants are ordered to
leave the gate open to the new temporary closure at Fort Funston and,
with respect to the new permanent closure, to have installed such gates
and leave them open as necessary to allow access to the gap and to the
beach via the gap. Otherwise, the fences may remain in place pending a
final judgment.
If and
when the National Park Service fully complies with the regulation requiring
notice and comment, 36 C.F.R. 1.5(b), the National Park Service may apply
for the Court to modify and/or dissolve this preliminary injunction. If
the National Park Service does not do so, the Court may not be sympathetic
to a future closure based on an "emergency" when the bank swallows
return in April 2001, given that their return is foreseeable and sufficient
lead time seems to exist for the National Park Service to address any
problems through non-emergency means.