Case: 4:17-cv-02455-CDP Doc. #: 58 Filed: 11/15/17 Page: 1 of 3 PageID #: 431

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MALEEHA AHMAD, et al.,
Plaintiffs,
vs.
CITY OF ST. LOUIS, MISSOURI,
Defendant.

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Case No. 4:17 CV 2455 CDP

ORDER OF PRELIMINARY INJUNCTION
In accordance with the Memorandum and Order issued this same date,
IT IS HEREBY ORDERED that defendant City of St. Louis and its agents,
servants, employees, and representatives will not enforce any rule, policy, or
practice that grants law enforcement officials the authority or discretion to:
1) Declare an unlawful assembly under St. Louis Code of Ords. §15.52.010
when the persons against whom it would be enforced are engaged in expressive
activity, unless the persons are acting in concert to pose an imminent threat to use
force or violence or to violate a criminal law with force or violence;
2) Declare an unlawful assembly under St. Louis Code of Ords. §15.52.010
or enforce St. Louis Code of Ords. §17.16.275(A) and (E) for the purpose of
punishing persons for exercising their constitutional rights to engage in expressive
activity;

 Case: 4:17-cv-02455-CDP Doc. #: 58 Filed: 11/15/17 Page: 2 of 3 PageID #: 432

3) Use chemical agents, including, but not limited to, mace/oleoresin
capsicum spray or mist/pepper spray/pepper gas, tear gas, skunk, inert smoke,
pepper pellets, xylyl bromide, and similar substances (collectively “chemical
agents”), whatever the method of deployment, against any person engaged in
expressive, non-violent activity in the City of St. Louis, in the absence of probable
cause to arrest the person and without first issuing clear and unambiguous
warnings that the person is subject to arrest and such chemical agents will be used
and providing the person sufficient opportunity to heed the warnings and comply
with lawful law enforcement commands or as authorized in paragraph 5 below;
4) Use or threaten to use chemical agents, whatever the method of
deployment , against any person engaged in expressive, non-violent activity in the
City of St. Louis, for the purpose of punishing the person for exercising
constitutional rights; and
5) Issue orders or use chemical agents, whatever the method of deployment,
for the purpose of dispersing person(s) engaged in expressive, non-violent activity
in the City of St. Louis without first: specifying with reasonable particularity the
area from which dispersal is ordered; issuing audible and unambiguous orders in a
manner designed to notify all persons within the area that dispersal is required and
providing sufficient warnings of the consequences of failing to disperse, including,
where applicable, that chemical agents will be used; providing a sufficient and

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 Case: 4:17-cv-02455-CDP Doc. #: 58 Filed: 11/15/17 Page: 3 of 3 PageID #: 433

announced amount of time which is proximately related to the issuance of the
dispersal order in which to heed the warnings and exit the area; and announcing
and ensuring a means of safe egress from the area that is actually available to all
person(s);
Provided, however, that paragraphs (3) and (5) above do not apply to
situations where persons at the scene present an imminent threat of violence or
bodily harm to persons or damage to property, or where law enforcement officials
must defend themselves or other persons or property against imminent threat of
violence.
IT IS FURTHER ORDERED that this preliminary injunction becomes
effective upon plaintiffs’ posting security in the amount of $100 with the Clerk of
Court, and remains in effect until further order of this Court.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 15th day of November, 2017.

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