Federal district court judge Bernal denied an application for a Temporary Restraining Order in the lawsuit against three websites that list the names of registrants and family members on May 10. One of the reasons given by the judge is that there was insufficient evidence of irreparable injury despite the statements of 6 plaintiffs in separate declarations.
“The judge in this case ignored the evidence presented in the case that people have been significantly harmed by the defendant’s reckless and intentional acts,” stated attorney Janice Bellucci. “Further evidence will be presented to the court of that significant harm which includes physical and emotional harm as well as financial damage.”
A troubling component of the decision is the judge’s statement that defendants may have a right under the 1st Amendment to the U.S. constitution to publish information about sex offenders. Fortunately, the judge also stated, ‘The Court does not hold that Defendants will necessarily success on their First Amendment defenses.”
The judge’s denial of a TRO does not mean that the judge will rule against us in this case. Specifically, he noted that a ruling on a TRO is not a final decision on the merits.
The defendants in this case have filed a motion to dismiss and a hearing on the motion is scheduled for June 24.