Tuesday, September 22, 2015
ACLU motion for TRO fails to stop Kakaako sweep
by Larry Geller
ACLU Legal Director Daniel Gluck is debriefed by the media after today’s hearing at the federal courthouse.
Behind him is lead plaintiff Tabatha Martin.
To paraphrase Japan Emperor Hirohito’s broadcast surrender speech, “the motion for preliminary injunction filed in federal court has developed not necessarily to the advantage of the Kakaako homeless community.”Judge Helen Gillmor’s ruling today fits comfortably in a nutshell: plaintiffs said one thing, defendants said exactly the opposite, and since the facts have not been established, the TRO cannot be granted.
ACLU Legal Director Daniel Gluck argued for the plaintiffs (lead plaintiff Tabatha Martin and her daughter were in the courtroom) and explained that the motion for a TRO was very narrowly focused on halting the unconstitutional actions of the City in Kakaako.
The City denied everything in a counter-motion filed just after 1:00 p.m. today. There was no meeting of the minds whatsoever that would have given the judge the opportunity to decide anything. Today’s arguments were turned into a he-said-she-said dialogue.
Refer to the previous article (box: What is a preliminary injunction?) for details of the four-prong test that must be met in order for a judge to issue a preliminary injunction.
Here is a snip from the “table of contents” of the City’s motion in opposition:
A. PLAINTIFFS ARE UNLIKELY TO SUCCEED ON
THE MERITS OF ANY OF THEIR CLAIMS AGAINST
B. PLAINTIFFS DO NOT SUFFER IRREPARABLE HARM
IN THE ABSENCE OF INJUNCTIVE RELIEF
C. THE BALANCE OF EQUITIES DECIDEDLY TIP IN
FAVOR OF THE CITY, NOT PLAINTIFFS
D. INJUNCTIVE RELIEF THAT PLAINTIFFS SEEK IS
NOT IN THE PUBLIC INTEREST
So they deny everything in screaming caps.
A tentative date of December 14 was set for a formal hearing on the TRO.
Meanwhile, back in Kakaako, the City continues its raids and property seizure.
By December I suspect the area will be spick-and-span, with everyone cleaned out. I wonder what the point of a narrowly-focused TRO will be after its all over. In December, what will they be arguing should be stopped?
This is not “disappeared news” so check the TV tonight for more details. I get to end this here, kick back with an espresso, and wait for the 6 p.m. news.
To quote the American singer, songwriter and actress Jo Jo, “You know it's just too little too late.”
So much ignorance and meanness in this town. Shame on the lot of 'em; those who who run over us in their fine carriages and never look back to see what the bump was,