Mon, Nov 25, 2002
(ANN ARBOR, MI) — After the Thomas More Law Center successfully obtained a restraining order from a federal judge in California, temporarily halting the enforcement of a law designed to stop a pro-life group from flying its aerial tow banners with graphic images of aborted babies over the City of Huntington Beach, the City reconsidered its law and voted unanimously to permanently repeal it.
On September 16, 2002, the City of Huntington Beach passed an ordinance that banned all aerial displays, including the Center for Bio-Ethical Reform’s (CBR) pro-life banners, above or within the boundaries of the City. The Thomas More Law Center filed a lawsuit in the federal district court for the Central District of California, challenging the constitutionality of the ordinance on behalf of CBR and seeking a temporary and permanent injunction to halt its enforcement. On October 16, 2002, the date the law was to take effect, U.S. District Judge Alicemarie Stotler signed a temporary restraining order barring enforcement of the ordinance until an injunction hearing that was held on November 1, 2002.
At the injunction hearing, the judge continued the restraining order until December 6, 2002, because the City wanted additional time to consider arguments presented by the Thomas More Law Center attorney representing CBR. The City responded by conceding the strength of the Law Center’s legal arguments and calling an emergency meeting of its City Council to repeal the ordinance. Rather than fight a losing legal battle, the City council voted unanimously on November 18, 2002, to permanently remove the ordinance from its municipal code.
According to Robert Muise, Associate Counsel for the Thomas More Law Center handling this case, “We are pleased that the City acted quickly to repeal its ordinance. However, they didn’t have much of a choice—if they didn’t do it, we are confident that the judge would have. It’s unfortunate that the City had to spend taxpayer’s money in this litigation. This law should have never been passed in the first place.”
The Thomas More Law Center defends and promotes religious freedom, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. It depends on contributions from individuals, corporations and Foundations. It is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.
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