Doe v. Pittsylvania County

842 F. Supp. 2d 927, 2012 WL 379554, 2012 U.S. Dist. LEXIS 13615
District Court, W.D. Virginia·Decided February 3, 2012·No. Civil Action No. 4:11cv00043·Published·Cited by 8 cases

Opinion

MEMORANDUM OPINION

MICHAEL F. URBANSKI, District Judge.

This matter is before the court on plaintiffs Motion for Preliminary Injunction (Dkt. # 5). Plaintiff seeks an Order precluding defendants Pittsylvania County Board of Supervisors and Pittsylvania County, Virginia (hereinafter collectively referred to as “the Board”) from routinely opening its Board meetings with Christian prayers during the pendency of this action. The matter has been fully briefed, and a hearing on this motion was held on December 9, 2011.

For the following reasons, the court finds that: (1) plaintiff is likely to succeed on the merits of her Establishment Clause claim; (2) she is likely to suffer irreparable harm in the absence of a preliminary injunction; (3) the balance of the equities in this case justifies a preliminary injunction; and (4) a preliminary injunction is in the public interest. Accordingly, as set forth in the accompanying Order, plaintiffs Mo[930]*930tion for Preliminary Injunction is GRANTED, and the Board is PRELIMINARILY ENJOINED, during the pendency of this case, from continuing its present practice of routinely opening its meetings with Christian prayers. Expressly following the injunction approved by the Fourth Circuit in Wynne v. Town of Great Falls, 376 F.3d 292, 302 (4th Cir.2004), cert. denied, 545 U.S. 1152, 125 S.Ct. 2990, 162 L.Ed.2d 910 (2005), the Board is PRELIMINARILY ENJOINED, during the pendency of this case, “from invoking the name of a specific deity associated with any one specific faith in prayers given at [Board] meetings.”

This preliminary injunction does not preclude the Board from beginning its meetings with a prayer that does not run afoul of the Establishment Clause. The Board may open its meetings with a prayer or invocation, but in doing so it “must strive to be nondenominational so long as that is reasonably possible — it should send a signal of welcome rather than exclusion. It should not reject the tenets of other faiths in favor of just one.” Joyner v. Forsyth County, 653 F.3d 341, 349 (4th Cir.2011), cert. denied, —— U.S.-, 132 S.Ct. 1097, 181 L.Ed.2d 978 (2012).

I.1

“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 24, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008); Real Truth About Obama, Inc. v. Fed. Election Comm’n, 575 F.3d 342, 345 (4th Cir.2009), vacated on other grounds, — U.S. -, 130 S.Ct. 2371, 176 L.Ed.2d 764 (2010). It is a remedy that is “ ‘granted only sparingly and in limited circumstances.’ ” MicroStrategy, Inc. v. Motorola, Inc., 245 F.3d 335, 339 (4th Cir.2001) (quoting Direx Israel, Ltd. v. Breakthrough Med. Corp., 952 F.2d 802, 816 (4th Cir.1991) (internal quotation marks omitted)). The Court in Winter explained that in each case, courts “must balance the competing claims of injury and must consider the effect on each party of the granting or withholding of the requested relief.” Amoco Prod. Co. v. Cambell, 480 U.S. 531, 542, 107 S.Ct. 1396, 94 L.Ed.2d 542 (1987). “In exercising their sound discretion, courts of equity should pay particular regard for the public consequences in employing the extraordinary remedy of injunction.” Weinberger v. Romero-Barcelo, 456 U.S. 305, 312, 102 S.Ct. 1798, 72 L.Ed.2d 91 (1982); see also Railroad Comm’n of Tex. v. Pullman Co., 312 U.S. 496, 500, 61 S.Ct. 643, 85 L.Ed. 971 (1941).

Therefore, following the holdings of the Court in Winter, “[a] plaintiff seeking a preliminary injunction must establish that he is- likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.” 555 U.S. at 20, 129 S.Ct. 365. A preliminary injunction cannot be issued unless all four of these elements are met. Id.

In this case, plaintiff asserts that she meets all four of these required elements. She argues that she is likely to succeed on the merits of her Establishment Clause claim because the prayers voiced by the Board consistently and repeatedly refer to the Christian deity; that she will suffer irreparable harm during the pendency of [931]*931this litigation if she is consistently exposed to government-sponsored sectarian prayer that is specifically Christian in nature; that the violation of a fundamental constitutional right tips the balance of equities in her favor; and that it is in the public interest to uphold such rights.

The Board, on the other hand, asserts that plaintiff fails to meet any of the four necessary elements, arguing that she is unlikely to succeed on the merits of her Establishment Clause claim; her injuries are too remote and speculative to be irreparable; the balance of equities tips in the Board’s favor because plaintiff seeks to restrict the functioning of a governmental body; and a preliminary injunction in this case is not in the public interest because it would hinder the Board’s ability to operate and serve the citizens of Pittsylvania County.

Having given the issue careful consideration, the court finds that plaintiff plainly meets all four of the preliminary injunction elements, and that preliminary injunctive relief is mandated in this case.

A. Likelihood of Success on the Merits.

A preliminary injunction first requires plaintiff to prove that she is likely to succeed on the merits of her Establishment Clause claim. See Winter, 555 U.S. at 20, 129 S.Ct. 365. As set forth in detail in the court’s Memorandum Opinion denying the Board’s motion to dismiss, the Supreme Court and Fourth Circuit have made it very clear that the Board’s practice of routinely opening its meetings with Christian prayer violates the Establishment Clause. County of Allegheny v. ACLU Greater Pittsburgh Chapter, 492 U.S. 573, 109 S.Ct. 3086, 106 L.Ed.2d 472 (1989); Marsh v. Chambers, 463 U.S. 783, 103 S.Ct. 3330, 77 L.Ed.2d 1019 (1983); Joyner, 653 F.3d 341; Wynne, 376 F.3d 292.

As was the case in Wynne and Joyner, plaintiff is likely to prevail on her claim that the Board’s practice of regularly opening meetings with prayers making specific reference to Jesus Christ constitutes government advancement and endorsement of one faith violative of the Establishment Clause.

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Doe v. Pittsylvania County, 842 F. Supp. 2d 927, 2012 WL 379554, 2012 U.S. Dist. LEXIS 13615 (W.D. Va. 2012).

842 F. Supp. 2d 927 (Doe v. Pittsylvania County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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