536 F. App'x 433
5th Cir.2013Background
- Appellant Jesse Morrell is a self-described street preacher in Shreveport, Louisiana.
- On July 30, 2011, Morrell preached near the El Dorado casino on public lands using a bullhorn and signage.
- Casino security and a police officer ordered Morrell to relocate one block away, misidentifying the land as private.
- City officials later clarified the location was public land; Morrell asked about permit requirements for street preaching and received no timely response.
- Morrell continued street-preaching on public lands during the litigation.
- Morrell filed suit July 25, 2012 challenging Shreveport ordinances; he sought a preliminary injunction, with a second motion denied December 4, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Morrell showed irreparable harm to warrant a preliminary injunction | Morrell argues lack of permit guidance creates irreparable harm | City contends no irreparable harm given available guidance and permit procedures | No irreparable harm shown; injunction denied |
Key Cases Cited
- Affiliated Prof’l Health Care Agency v. Shalala, 164 F.3d 282 (5th Cir. 1999) (abuse of discretion standard for preliminary injunction; de novo review of law)
- United States v. Emerson, 270 F.3d 203 (5th Cir. 2001) (presently existing actual threat required for injunction)
- Bluefield Water Ass’n, Inc. v. City of Starkville, 577 F.3d 250 (5th Cir. 2009) (four-factor test for preliminary injunction; burden on movant)