Judge Rejects Redner Request To Block Ban On Gay Displays

TAMPA, FLORIDA - Joe Redner lost a round in his battle to stop Hillsborough County commissioners from enforcing a policy banning gay-themed events in county libraries.
U.S. District Judge James Moody on Tuesday denied a motion from Redner that he issue a temporary restraining order banning enforcement of the policy.
In a terse one-page ruling, the judge wrote that Redner has failed to prove irreparable harm would come to Redner by allowing the policy to remain in place while Redner's lawsuit is decided.
Moody issued the ruling "without prejudice," meaning he could revisit the issue.
The lawsuit originally was filed in Hillsborough Circuit Court in October by Redner, a free-speech and property rights advocate who owns the Mons Venus strip club. It was transferred to federal court.
Redner caused a stir in December when he said in his motion for an injunction that he is gay.
"Plaintiff is a homosexual who demands equal treatment from defendants, and he is also a library patron who wishes to view library exhibits and displays - particularly those with a gay viewpoint and content - to acquire knowledge and increase his awareness," the filing states.
The policy "stigmatizes the gay viewpoint" and violates Redner's First Amendment rights, the motion states.
The county responded in a court filing that Redner failed to meet the legal requirements for an injunction, that he had not demonstrated he faced immediate and irreparable harm.
The county also argued that Redner is not likely to succeed in his lawsuit because the county is not seeking to control private speech. Because it is "governmental speech" that is being regulated, the county is within its rights, officials said.
"The county should not be forced by judicial act to endorse 'gay pride' activities any more than the government might be forced to endorse Nazi activities," the county's response states. "The example illustrates that a judicial determination to force government into endorsing a particular viewpoint would create precedent that could apply to any point of view."
from The Tampa Tribune