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Keywords

injunctionappealwill

injunctionappealwillrespondent

Related Cases

Capital Square Review and Advisory Bd. v. Pinette, 510 U.S. 1307, 114 S.Ct. 626, 126 L.Ed.2d 636, 62 USLW 3473

Facts

State officials sought a stay of an order from the Court of Appeals for the Sixth Circuit that upheld a district court injunction allowing the Knights of the Ku Klux Klan to erect a large Latin cross in front of the Ohio Statehouse. The cross was already in place and scheduled to be removed the following day. The local government had distanced itself from the display, and the reasonable observer would recognize the state's opposition to the cross. The applicants did not dispute the district court's findings regarding the local government's stance.

The injunction required applicants to allow the respondents, the Knights of the Ku Klux Klan and its leading officers, to erect a large Latin cross in front of the Ohio Statehouse in Columbus, Ohio.

Issue

Whether the stay of the injunction allowing the erection of a large Latin cross in front of the Ohio Statehouse should be granted.

Rule

A stay of an injunction will not be granted if the applicants cannot demonstrate that irreparable harm will ensue from the injunction not being stayed, especially when the harm has likely already occurred and the legal issues are capable of repetition.

Injunction requiring state officials to allow erection by private parties of large Latin cross in front of statehouse would not be stayed where whatever harm that might flow from allowing privately owned cross to remain in place for another day had probably occurred.

Analysis

In this case, the court found that the applicants failed to show that irreparable harm would result from allowing the cross to remain for one more day. The court noted that the cross was scheduled to be removed the next day, and any potential harm from its presence had likely already taken place. Additionally, the court recognized that the legal issues surrounding the display were likely to recur, meaning the case would not become moot upon the removal of the cross.

Frankly, it is my opinion that whatever harm may flow from allowing the privately owned cross to remain in place until tomorrow has probably already occurred. Moreover, because the legal issues are presumably capable of repetition, I do not believe the case will become moot when the cross is removed tomorrow.

Conclusion

The application for a stay was denied, as the court determined that the potential harm had already occurred and the legal issues were not likely to become moot.

For these reasons, I shall defer to the judgment of the Court of Appeals and deny the application.

Who won?

The Knights of the Ku Klux Klan prevailed in this case as the court upheld the district court's injunction allowing them to erect the cross. The court reasoned that the applicants did not demonstrate any irreparable harm that would result from the cross remaining in place for an additional day, especially since it was scheduled for removal. Furthermore, the court acknowledged that the legal issues were capable of repetition, indicating that the matter was not likely to become moot.

The Knights of the Ku Klux Klan prevailed in this case as the court upheld the district court's injunction allowing them to erect the cross.

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