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Constitutional - State Statute | Arkansas Eastern
Order
OPINION AND ORDER concluding that the Orsi, Cave, and Intervenor plaintiffs have met their burden to obtain declaratory and permanent injunctive relief on their First Amendment Establishment Clause claims against Secretary Jester in his official capa city; granting 254 , 264 , 268 Orsi, Cave, and Intervenor plaintiffs' motions for summary judgment and denying 257 Secretary Jester's motion for summary judgment on the Establishment Clause claim; denying as moot 74 motion to quash and for protective order filed by non-party witness senator Jason Rapert; concluding the Intervenor plaintiffs have met their burden to obtain declaratory and injunctive relief on their Equal Protection claim against Secretary Jester in his official capacity because, as set forth in this Opinion and Order, TST was prevented from competing with Christianity on an equal footing for placement of its Baphomet monument on State Capitol grounds due to the passage of both the Display Act and Act 274 wi th an emergency clause; granting 268 Intervenor plaintiffs' motion for summary judgment and denying 257 Secretary Jester's motion for summary judgment on the Equal Protection Clause claim; and ordering the following injunctive relief: S ecretary Jester, in his official capacity as Arkansas Secretary of State, together with his agents, servants, and employees, and all persons in active concert or participation with him, are enjoined from enforcing the Display Act, Arkansas Code Annot ated § 22-3-221. The Court does not stay this portion of the injunction. Secretary Jester, in his official capacity as Arkansas Secretary of State, together with his agents, servants, and employees, and all those persons in active concert or par ticipation with him must remove immediately from the State Capitol grounds the Ten Commandments Monument mandated by the Display Act, Arkansas Code Annotated § 22-3-221. The Court specifically stays execution of this portion of the injunction re quiring the removal of the Ten Commandments Monument pending the final disposition of any timely appeal to the Eighth Circuit Court of Appeals or until the time for filing a notice of appeal expires. Signed by Chief Judge Kristine G. Baker on 3/31/2026.(cmn) (Originally filed in lead case 4:18-cv-00342-KGB.)
JUDGMENT: Pursuant to 16 Opinion and Order entered in this matter on this date, judgment is entered in favor of plaintiffs Anne Orsi, Gale Stewart, Eugene Levy, Teresa Grider, the American Humanist Association, the Freedom from Religion Foundation, and the Arkansas Society of Freethinkers, Donna Cave and Pat Piazza, and intervenor plaintiffs Erika Robbins, Doug Misicko, and the Satanic Temple. The Court orders the following injunctive relief: Secretary Jester, in his official capacity as Arkan sas Secretary of State, together with his agents, servants, and employees, and all persons in active concert or participation with him, are enjoined from enforcing the Display Act, Arkansas Code Annotated § 22-3-221. The Court does not stay this portion of the injunction. Secretary Jester, in his official capacity as Arkansas Secretary of State, together with his agents, servants, and employees, and all those persons in active concert or participation with him must remove immediately from t he State Capitol grounds the Ten Commandments Monument mandated by the Display Act, Arkansas Code Annotated § 22-3-221. The Court specifically stays execution of this portion of the injunction requiring the removal of the Ten Commandments Monume nt pending the final disposition of any timely appeal to the Eighth Circuit Court of Appeals or until the time for filing a notice of appeal expires. Signed by Chief Judge Kristine G. Baker on 3/31/2026. (cmn) (Originally filed in lead case 4:18-cv-00342-KGB.)
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