5/7/2020 11:36 AM 20CV17482 Form 13-1 Motion for TRO and Order to Show Cause, with Memorandum Ray D. Hacke, OSB #173647 PACIFIC JUSTICE INSTITUTE 1850 45th Ave. NE, Suite 33 Salem, OR 97305 (503) 917-4409 Phone (916) 857-6902 Facsimile Attorneys for Plaintiffs ELKHORN BAPTIST CHURCH et al. IN THE CIRCUIT COURT OF THE STATE OF OREGON IN AND FOR THE COUNTY OF BAKER ELKHORN BAPTIST CHURCH, An Oregon Non-Profit Corporation, et al., Plaintiffs, v. Case No.: MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ENTER KATHERINE BROWN, Governor of the State of Oregon; and DOES 1 THROUGH 50, Inclusive, Defendants. 1. Plaintiffs ELKHORN BAPTIST CHURCH et al. hereby move the court for its order temporarily restraining the Defendant, GOVERNOR KATHERINE “KATE” BROWN, from enforcing Executive Orders 20-03, 20-12, and 20-24 on the grounds that (1) the executive orders have terminated by operation of law, and (2) the orders either have caused, are currently causing, and/or are continuing to cause immediate and irreparable injury to Paintiffs in the form of infringement on their religious liberties, which are constitutionally protected under the First Amendment of the United States Constitution and Article I, §§ 2 and 3 of the Oregon Constitution. 2. Plaintiffs further move the court for its order requiring Defendant to show cause, if any there be, why the order requested above should not continue and remain in effect during the pendency of this action. 3. In support of this motion, Plaintiffs rely on the verified complaint filed here, the verification of Tim Fisher, the pastor of Plaintiff ELKHORN BAPTIST CHURCH attached thereto, ORCP 79, and the following memorandum. Dated: May 6, 2020 PACIFIC JUSTICE INSTITUTE __/s/ RAY D. HACKE________ Ray D. Hacke Attorney for Plaintiffs ELKHORN BAPTIST CHURCH et al. Trial Attorney: Ray D. Hacke Oregon State Bar No. 173647 1850 45th Ave. NE, Suite 33 Salem, OR 97305 Phone: (503) 917-4409 Fax: (916) 857-6900 E-mail: rhacke@pji.org MEMORANDUM Plaintiffs ELKHORN BAPTIST CHURCH et al. filed a verified complaint concurrently with this Motion for a Temporary Restraining Order. The verified complaint lays out the facts, and includes exhibits, which indicate how the Plaintiffs in the herein proceeding have had, and will continue to have, their constitutionally protected religious liberties infringed by Executive Order Nos. 2003, 20-12, and 20-24, which Defendant issued in response to the currently ongoing coronavirus pandemic. For purposes of judicial economy, then, Plaintiffs hereby incorporate the verified complaint by reference to serve as the memorandum in support of this motion. PACIFIC JUSTICE INSTITUTE __/s/ RAY D. HACKE________ Ray D. Hacke Attorney for Plaintiffs ELKHORN BAPTIST CHURCH et al.