Restraining Order Request Filed Against Governor LePage in US District Court

For Immediate Release
April 8, 2011

Contact:
Attorney Jeff Young 207-725-5581
207-841-1881
McTeague Higbee

Attorney Jonathan Beal 207-879-1556

Debra Tenenbaum 207-286-4271
gBritt PR

Request for Temporary Restraining Order Filed Against Governor LePage to Return Labor Mural to Department of Labor Lobby

PORTLAND, Maine – In a new development in the lawsuit filed in United States District Court against Governor LePage last week, attorneys Jeffrey Neil Young and Carol Garvan of McTeague Higbee, and attorney Jonathan Beal of Portland, filed a request for a Temporary Restraining Order (TRO) in Federal Court today. The request for TRO seeks to compel Governor LePage to return the mural to its proper place for public exhibit, at the Maine Department of Labor office in Augusta.

In the request for TRO, Plaintiffs also ask the Court to order Governor LePage and the other defendants to reveal the location of the mural that was removed from the Maine Department of Labor’s (MDOL’s) lobby on March 26, and to ensure the mural is in good condition and is protected. Attorney Jeff Young stated, “We are filing a TRO today in order to resolve this issue as quickly as possible, and hopefully return the mural to its rightful place. It is important to remember that by removing the mural, Governor LePage is infringing on the people of Maine’s First Amendment rights and denying everyone the opportunity to learn about, and be inspired by, the history of Maine’s workers. Our Constitution prohibits our government from taking down artwork simply because it disagrees with a viewpoint.”

The Complaint alleges that Governor LePage’s removal of the mural denied plaintiffs their First Amendment right to view the mural. Attorney Jonathan Beal commented, “this kind of censorship, based on the artist’s portrayal of episodes in the history of struggle and achievements of Maine workers, is contrary to every principle of this democracy, and the principles of the people of this State.”

The Plaintiffs are Don Berry, training director of the International Brotherhood of Electrical Workers, Local 567, of Sumner; John Newton, an industrial hygienist, of Portland; and three Maine artists: Robert Shetterly of Brooksville, Natasha Mayers of Whitefield, and Joan Braun of Weld. The sixth plaintiff is attorney Jonathan Beal of Portland, who requested a public hearing prior to the removal of the mural.


About McTeague Higbee:
McTeague Higbee, founded in 1976, is a plaintiffs-only firm dedicated to giving voice to people who often don’t have one. With experience in both state and federal courts including national litigation, McTeague Higbee has particular prominence in asbestos litigation, workplace discrimination, workers’ compensation, construction accidents, and personal injury. McTeague Higbee and Jeffrey Neil Young, the lead counsel in this case, have brought a number of successful class, collective, and mass actions on behalf of workers for violation of the ADEA (partnering with Goldstein Demchak in a suit against IBM), the WARN Act, ERISA, and wage and hour laws, as well as individual civil rights actions. For more information about McTeague Higbee, visit www.mcteaguehigbee.com.

About Jonathan Beal:
Jon Beal is an attorney practicing in Portland, Maine and focusing on representing Maine workers and their unions, as well as disabled workers. Jon is licensed to practice in both Maine and New Hampshire, and has extensive experience in litigating before the National Labor Relations Board and other state and federal agencies, as well as in arbitrating on behalf of Unions in both states.

# # #