Lee v. Jefferson County, TX ( 2001 )


Menu:
  •                IN THE UNITED STATES COURT OF APPEALS
                           FOR THE FIFTH CIRCUIT
    
    
    
                               No. 00-40197
                             Summary Calendar
    
    
    
    ALVIN LEE; DIANA LEE,
    
                                        Plaintiffs-Appellants,
    
    versus
    
    JEFFERSON COUNTY, TEXAS, Commissioners Court,
    
                                        Defendants-Appellees.
    
                           --------------------
              Appeal from the United States District Court
                    for the Eastern District of Texas
                            USDC No. 1:00-CV-48
                           --------------------
                               March 13, 2001
    
    Before DAVIS, JONES, and DeMOSS, Circuit Judges.
    
    PER CURIAM:*
    
         Allen and Diana Lee, residents of Beaumont, Texas, appeal
    
    the district court’s order denying their motion for a preliminary
    
    and permanent injunction to halt the Jefferson County (Tex.)
    
    Commissioners’ Court from authorizing the issuance of $55 million
    
    in certificates of obligation for a public entertainment complex
    
    in Beaumont.
    
         The district court did not abuse its discretion in
    
    concluding that the Commissioners’ actions did not violate the
    
    Lees’ First Amendment right to petition the Government for
    
         *
            Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
                              No. 00-40197
                                   -2-
    
    redress of grievances, because there is no constitutional right
    
    to petition for a municipal initiative election, or their
    
    Fourteenth Amendment due process rights.   See White v. Carlucci,
    
    
    862 F.2d 1209
    , 1211 (5th Cir. 1989); Citizens’ Right to Vote v.
    
    Morgan, 
    916 F. Supp. 601
    , 607-08 (S.D. Miss. 1996); Dobrovolny v.
    
    Moore, 
    126 F.3d 1111
    , 1113 (8th Cir. 1997).   Even if the Lees had
    
    shown that the Commissioners violated their First Amendment
    
    rights within the context of the State-created election process,
    
    see Meyer v. Grant, 
    486 U.S. 414
    , 424-25 (1988), they made no
    
    serious effort to establish any of the other criteria for
    
    obtaining either a preliminary or permanent injunction.     See
    
    Lakedreams v. Taylor, 
    932 F.2d 1103
    , 1107 (5th Cir. 1991); Amoco
    
    Prod. Co. v. Village of Gambell, 
    480 U.S. 531
    , 546 n.12 (1987).
    
         The judgment of the district court is AFFIRMED.