State of Maine v. Melanson

CourtListener 10345455MesuperctNov 9, 2020

Full text

:.!-;!'ATE OF MAINE SUPERIOR COURT
PENOBSCOT, ss. CIVIL ACTION
DOCKET NO. CV­

STATE OF MAINE, )
)
Plaintiff )
) CONSENT ORDER
V. )
)
PAUL M. MELANSON )
(DOB 02/11/1959) )
Defendant )

Plaintiff, State of Maine, having filed its Complaint on or about September 15,

2020, under the Maine Civil Rights Act, and Plaintiff and Defendant Paul M. Melanson

having consented to the enby of this Consent Order without fwther trial or adjudication

of any issue of fact or law herein, and without this Order constituting any admission by

Defendant Paul M. Melanson with respect to such issues, it is hereby ORDERED and

DECREED as follows:

I. JURISDICTION

1. This Court has jurisdiction over Plaintiff and Defendant Paul M.

Melanson, and the subject matter of this action. The Complaint states a claim for relief

under 5 M.R.S.A. § 4681.

II. INJUNCTION

2. Defendant Paul M. Melanson, his agents, servants, employees, attorneys

or anyone acting under his conti·ol, or any person in active concert or paiticipation with

him, is pennanently enjoined pursuant to 5 M.R.S.A. § 4681 from (a) damaging or

defacing public property or private prope1ty belonging to another person or organization
that displays colors or symbols associated with gay equality or pride, including Pride

Flags or installations displaying the colors of the Pride Flag or other symbols of the

LGBTQ (lesbian, gay, bisexual, transexual and queer) community, or (b) encouraging,

assisting or causing any other person to engage in such conduct.

3. Pursuant to the Maine Civil Rights Act (5 M.R.S.A. § 4681): ANY

PERSON WHO KNOWINGLY VIOLATES THIS ORDER COMMITS A CLASS D

CRIME PUNISHABLE BY UP TO 364 DAYS IN JAIL AND A FINE OF UP TO

$2,000.

RETENTION OF JURISDICTION

Jurisdiction is retained by this Court for the purpose of enabling any of the parties

to this Consent Order to apply to this Court at any time for such further orders or

directions as may be necessary or appropriate for the construction or carrying out of the

Consent Order for the modification of or te1mination of any of the provisions hereof, and

for the enforcement of compliance herewith (including through actions for civil or

criminal contempt).
rd/ A loV.etn ),,..ev-
Dated at Augusta, Maine, this 3__ day ofd'etob~,

Respectfully submitted,

AARON M. FREY

Leann
Assistant Attorney General
Bar No. 2838

Attorneys for State of Maine

2
Dated: 30 0Ct 2.02_0

ORDER

IT IS HEREBY ORDERED AND DECREED as set forth above.

STICE, SUPERIOR COURT

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