UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF IOWA
CENTRAL DIVISION

 

JOSHUA I-IARMS,
Plaintiff, Case No: 5:18-cv-4U23
vs.
CITY OF SIBLEY, IOWA, GLENN STIPULATED INJUNCTION

ANDERSON, Sibley City Administrator, in his
individual and of?cial capacity, and SUSAN
SEMBACH, Sibley City Clerk, in her
individual and of?cial capacity,

Defendants.

 

 

COMES NOW the Court pursuant to FRCP and enters the following stipulated
injunction:
1. Findings of Fact

While the Defendants do not admit to every allegation in the Plaintiff?s complaint, the
Parties jointly stipulate to the following facts.

1. Harms maintained a website, shouldyoumoyetosibleyiacom. The website is
critical of odors created by an industrial plant that produces additives for animal feed and the

City of Sibley?s efforts to address the odors, which I-larms? website criticized as inadequate.

2. The odor caused by the plant has been a matter of public controversy in the City
of Sibley.
3. later alia, on or about December 12, 2017, Harms received a letter from the City

which stated the following: ?So I am writing to ask that you take down your site and not replace
it with other derogatory material. If the web site is not taken down within ten days of the date of

this letter, your next notice will be in the form of a lawsuit.?

Case Document 11 Filed 03/29/18 Page 1 of 2

4. In his verified complaint, Harms alleged First Amendment retaliation, prior
restraint on free speech, viewpoint based discrimination, and conspiracy to violate constitutional
rights.

5. In order to resolve this matter, the parties jointly motion for the entry of tlte

following Stipulated Injunction:

II. Injunction

Pursuant to the Joint Motion to enter a stipulated injunction, the Court hereby enters the
following injunction:

I. An injunction permanently enjoining the City of Sibley and the named
Defendants in their of?cial capacities from directing Harms not to speak with reporters,
threatening to bring a lawsuit, or actually bringing a lawsuit against the Plaintiff Harms for
speaking with reporters or publishing in its previous form
or in any future form, including or any other successor websites that

criticize the City of Sibley or the Defendants in the conduct ofCity business.




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PI

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March If; 2018 Judge Leojnard "lit Strand
US. District Coui?Lfor the Northent District
Of Iowa
7.

Case Document 11 Filed 03/29/18 Page 2 of 2