ST. JOHNS COUNTY, Fla. — A federal injunction had been denied by a Judge Tuesday that offered the option of putting the issue of an LGBTQ+ pride proclamation in St. Johns County to a vote.
A complaint filed earlier this month argues that the board of commissioners infringed on community members' constitutional rights when it denied putting the proclamation – recognizing June as pride month – on the agenda.
Sara Bloomberg is the President of House of Prism, a nonprofit that aims to empower LGBTQ+ youth.
On June 6, Bloomberg filed a motion for a "temporary restraining order or preliminary injunction" that would require the defendants to immediately and publicly discuss the proclamation and bring it to a public vote of the St. Johns County Board of County Commissioners.
The document claims the board’s decision violated community members’ rights to Freedom of Speech and Equal Protection. It also accuses the board of violating Florida’s Sunshine Law, which requires that public business be conducted in the open and with the public’s knowledge.
However, in an opposition filing, the defendants argues that Bloomberg's facts are "limited, incomplete, hearsay, opinion and should be discounted as such."
The defendants also argues that no First Amendment rights were violated and that the First Amendment does not apply to government speech. The defendant alleges that when the government exercises the “right to speak for itself” it can “freely select the views that it wants to express.”
The preliminary injunction was denied by Chief Judge Timothy J. Corrigan for the Middle District of Florida.
Rook Ringer, the attorney representing Bloomberg, said there is a high burden of proof for preliminary injunctions, but she is still confident they will win the lawsuit.
“Even though we lost the preliminary injunction, the case will still go forward," Ringer explained. "It's just we won't have any relief during pride month, which is what I was trying to do – to get something done before the end of the month. But, unfortunately, we'll have to wait.”