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1 STATEOFMAINE ANDROSCOGGIN, ss STATE OF MAINE, - r::n 8;::;: \\ _';0--SUP-ERlOR-COUR-'.f---. RECEI\J c.- '-. CIVIL ACTION JAN '7 Plaintiff, RONALD CHAMPAGNE, Defendant. DOCKET NO. AUBSC-CV QGG\N A oro court superi ORDER ON PERMANENT INJUNCTION Before the Court is the State's Motion for Permanent Injunction. I. Background On March 22, 2012, Paul Groleau ("Groleau" stopped at the causeway or boat launch on Lake Auburn on his way home. According to the State, a Cadillac up to Groleau's Subaru, rolled down the driver side window, and yelled: "You're a fucking fag and I'm gonna ram your ass right into the lake." The Cadillac then took off and began to make a U-turn. Groleau exited the parking area and headed back towards Auburn. The Cadillac turned around and began to follow Groleau. Groleau called from his cell phone. The Cadillac drove into the back of the Subaru. The Cadillac drove into the back of the Subaru a second time, knocking the phone out of Groleau's hand. Groleau provided the dispatcher with information that the car was a Cadillac and a partial reading of the license plate on the Cadillac. The only car registered matching the provided description belongs to Defendant Ronald Champagne. When Deputy Lovering spoke with the Defendant that same evening, Defendant referred to the Lake Auburn boat launch as a "pickle park" and stated that he "didn't want to go over there because there was nothing but queers there." 1

2 - --- irfoyoerto enforce pu-olk-policy,-the-3tate-is-not required to-make-a-showing-of- either irreparable harm or a balance of the equities. 1 Therefore, the Court considers only whether the State has carried its burden of showing success on the merits. The State brings this action pursuant to 5 M.R.S. 4681, which authorizes the Maine J\ttorney General to seek injunction or other equitable relief for violations of the Maine Civil Rights Act. In order for the State to succeed, the State must show that the Defendant violated the Maine Civil Rights Act by interfedng with Groleau's "right to engage in lawful activities without being subject to physical force or violence, damage or destruction of property, trespass on property or the threat of physical force or violence, damage or destruction of property or trespass on property motivated by reason of race, color, religion, sex, ancestry, national origin, physical or mental disability or sexual orientation." 5 M.R.S A. At trial, the State sought to prove that Defendant interfered with Groleau's right to engage in lawful activities by threatening violence and committing acts of physical force causing property damage and damage to Groleau's person, motivated by a belief that Groleau was homosexual. 1 See State v. Sirois, 478 A.2d 1117, , 1984 Me. LEXIS 743, *11 (Me.1984 "On the basis of the evidence of defendant's continued discharge and operation of a surface waste water disposal system, the Superior Court, without any further showing, was justified in granting injunctive relief whether or not the license was in effect. Ackerman v. Tri-City Geriatric & Health Care, Inc., 55 Ohio St. 2d 51, 56,378 N.E.2d 145, (1978 (where an injunction is authorized by statute designed to provide a government agent means to enforce public policy, no balancing of equities is necessary; UV Industries, Inc. v. Posner, 466 F. Supp. 1251, 1255 (D. Me (where statute authorizes injunctive relief upon showing of a violation, the party seeking such relief need not make a showing of irreparable harm in the normal equity sense; 7 Moore's Federal Practice 65.04(1 n.7b (2d ed " 3

3 fo -(ohcerns liehad prior to the incident about Defendant's mental-state and Defendant's decision to stop taking his medications. Roberge stated that the two of them had previously discussed the sexual activity that occurred at the boat launch and that Defendant had. objected to any extramarital encounters occurring there. Roberge testified that two years before the incident, Defendant told Roberge that God was telling Defendant to "clean up this mess" referring to the activities occurring at the boat launch. William Scott, Jr., a mechanic and close friend of Defendant; "Skip" Edgar Haines, who has known Defendant for 12 years and goes to his repair shop; and Alan Girouard, who has known Defendant for 3 or 4 years, all testified on behalf of Defendant and stated that Defendant deals respectfully with individuals of different backgrounds. The State presented evidence that Defendant was motivated by Groleau's sexual orientation. The State presented testimony of Deputy Lovering from the hearing on preliminary injunction that Defendant called the boat launch area a "pickle park", that "there was nothing but queers there and there were guys in every car", and that he "didn't want to go over there because there was nothing but queers there." (Tr On March 28, when Officer Lemos arrested Champagne, Officer Lemos testified that Defendant "began talking about the causeway, specifically referring to the queers at the causeway. He made reference to that he couldn't go down to watch a sunset with his girlfriend because of all the queers." (Tr. 40. The Court finds that Defendant's actions of March 22, 2012 were motivated by his perception of Groleau's sexual orientation. Based upon Defendant's threats at 5

4 --Pursuant tcrthe Main-e-CivH-Rights-Act-(S-M:RS: l :--ANY PE-RSO N-WH 0 - KNOWINGLY VIOLATES THIS ORDER COMMITS A CLASS D CRIME PUNISHABLE UP TO 364 DAYS IN JAIL AND A FINE OF NOT MORE THAN $2,00 DATE: ;j(j/17 7

5 ;,CJ!<' il/\ l:,l.!\l<chn I'L/\l NTH'F S UPER l.or CCJUR'J' /\NDROSCOGGLN, /,,.l.cj!'f":(: y fo1 :!,O n 8AILl,/\RGEON Docket No AURSC CV ]57 ' /\VI ll J VAN DYK E RETAINED :.Y'l!C!i & V/1."!lYKJ,: l'a ~~6: ASII s ; DOCKET RECORD ;,c llox 1 1 6!.i..:W, STON ME ss. vs GARY BA 1 LJ,ARGEON DEFENDA..1\JT AtLorney [or: GARY HAJLLARCEON SARJ\ll I., Gl.,YNN JH:TAJ NED 06/08/2016 OXFORD HJl.,l.,S l.,aw 1 en l'al<k STJU:v:T PC l.lox 2 98 S OUTH l'ai<is ME O:.> ':lb l ' i I i nci Tlocumen l.: COMPl.rA [NT i 'i I ing Date: 09 / 29/ 2014 Mi.nor Case Type: DOMESTIC TORTS Docket Events: 09/29 / 20]1 PILING DOCUMENT - COMPLAINT FILED ON 09/29/ /29/ Party(s: LORI BAILLARGEON ATTORNEY - RETAINED ENTERED ON 09/29/2014 Plaintiff's Attorney: DAVID J VAN DYKE 10/16/ rart:y(s: GARY BAlLLARGEON SUMMONS / SERVICE - CIVlL SUMMONS SERVED ON 10 / 13/2014 TO DEPENDANT IN HAND 10/16/ f'arly(s: GARY BAILLARGEON SUMMONS/SERVICE - CIV[L SUMMONS FILED ON 10/16/2014 : ; /03/201.4 Par.ty (s: GARY BAILLARGEON RESPONSl VE PIJEADING ANSWER & COUNTERCLAIM FILED ON 11/03/2014 WITH AFFIRMATIVE DEFENSES l l /03/2014 Part:y(s: GARY BAILLARGEON ATTORNEY - RETAINED ENTERED ON 11/03 / /03/ ORDER - SCHEDULING ORDER ENTERED ON 11/03/2014 JViARYGAY KENNEDY, JUDGE ORDERED JNCORPORATED BY REFERENCE A'J' THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPTES TO ]1 /03/ ll1scovery FI L I NG - DISCOVERY DEADLINE ENTERED ON 0 7 /03/2015 l1 /03/20H ASSJGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 11/03/2014 MARYGAY KENNEDY, JUDGE 11/13/2014 Part:y(s: LORI BAILLARGEON Page 1 of 7 Printed on: 01 / 2 5/ 2017

6 STATE OF MAINE PLAINTIFF SUPERIOR COURT ANDROSCOGGIN, ss. l\ltotney tor: STATE OF MAINE Docket No AUBSC-CV !,EANNE IWBBJN RETAINED (['['' rel~ Of<' THE ATTORNEY GENERAL 6 STATD: HOUSE STAT WN DOCKET RECORD AUGUST/-\ Me: vs!wnaijd CHJ\MP/\GNE DEFENDANT Attorney tor: RONAfJD CHAMPAGNE DON/\U HORNBl,OWER RETAINED 07/28/2014 L,AW 01'1":!CES OF DONALD S HORN81,0WER PA 95 PARK ST SUITE 510 PO BOX 376 t,ewiston ME Al:l:orney tor: RONALD CHAMPAGNE /\.l..j.,an I! l,oflsi',;io 1HlT~R~2012 A+.1,/l bl i,i ;.,(~~W ESQ 5!Hl 11.'d N-S.J' p~ l,i :W ISTON ME Pi I ing Document: COMPLAINT Fi_Jing Dal:e: 04/25/2012 Minor Case Type: CONSTITUTIONAL/CIVIL RIGHTS Docket Events: 04/25/2012 FILING DOCUMENT - COMPLAINT FILED ON 04/25/2012 CH/2(i/2012 Party(s: STATE OF MAINE ~rtorney - RETAINED ENTERED ON 04/25/2012 Pla:intiff's Attorney: LEANNE ROBBIN 01/25/2012 CERTIFY/NOTIFICATION - CASE FILE NOTICE SENT ON 04/25/ /25/2012 Parl:y(s: STATE OF MAINE MOTION MOTION PRELIMINARY INJUNCTION FILED ON 04/25/2012 WITH MEMORANDUM OF LAW, DRAFT ORDER 05/03/2012 Party(s: RONALD CHAMPAGNE SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 04/26/2012 RONALD CHAMPAGNE 0',/03/20]2 Party(s: RONALD CHAMPAGNE SUMMONS/SERVICE - CIVIL SUMMONS FILED ON 05/03/2012 OS/03/;>0J;, Party (s: RONALD CHAMPAGNE OTHER FlLING - ENTRY OF APPEARANCE FILED ON 05/03/2012 AI,LAN LOBOZZO OS/03/2012 Party(s: RONALD CHAMPAGNE ATTORNEY - RETAINED ENTERED ON 05/03/2012 Page 1 of 5 Printed on: 01/25/2017