II. The TRO Should Not Be Dissolved Because the Plaintiffs have a High Probability of Success on the Merits.
Plaintiffs and Proposed Intervenors agree on the four elements required to sustain preliminary injunctive relief or a temporary restraining order: (1) likelihood of success on the merits; (2) the threat of irreparable harm absent the injunction; (3) the balance of harms to the Plaintiff and others from issuing the injunction; and (4) the public interest. What Proposed Intervenors completely misunderstand, however, is the nature of the plaintiffs' claims in this case. This is a civil rights case alleging violations of rights protected by the Columbia City Charter, the Missouri Constitution, and the Constitution of the United States.
In Civil Rights Cases, Likelihood of Success on the Merits is the Determining Factor in Whether an Injunction or Temporary Restraining Order Should Issue.
"It is well-settled law that a loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury."
Phelps-Roper v. Nixon
, 545 F.3d 685, 690 (8th Cir. 2008) (internal quotations omitted),
overruled on other grounds by
Phelps-Roper v. City of Manchester
, 697 F.3d 678 (8th Cir. 2012). If Plaintiffs can establish a sufficient likelihood of success on the merits of their civil rights claim, they will also have established irreparable harm.
"Likewise, the determination of where the public interest lies also is dependent on the determination of the likelihood of success on the merits of the First Amendment challenge because it is always in the public interest to protect constitutional rights."
"The balance of equities, too, generally favors the constitutionally-protected freedom of expression. In a First Amendment case, therefore, the likelihood of success on the merits is often the determining factor in whether a preliminary injunction should issue."
Case 2:14-cv-04220-NKL Document 3-4 Filed 08/22/14 Page 3 of 10