Today, Chief Counsel Joshua Prince of the Civil Rights Defense Firm, P.C., secured a major victory in obtaining an emergency, ex-parte preliminary injunction, precluding enforcement of Bristol Borough’s warrantless and suspicion-less searches of his clients’ buildings and apartments in the case of Katz, et al. v. Bristol Borough, et al. Because emergency injunctions are issued ex-parte (i.e. without the other side being heard), they are virtually unheard of, except in dire circumstances, where a clear violation of the law or constitution will occur, absent immediate court action.
In this matter, Bristol Borough enacted an ordinance permitting their enforcement officers/inspectors, on a biennial basis, to inspect – absent any form of warrant or any form of suspicion of wrongdoing – any building, and the apartments within, where the apartments are rented or leased out. Anticipating that it could force the consent of landlords and tenant(s), by threatening to impose up to $1,000, per day, fines, and the potential for incarceration, the Borough sent a letter to Josh’s client, expecting him to capitulate, and threatening fines for non-compliance, effective May 7th. Unfortunately for the Borough, his client and the tenants pushed back, objecting to the warrantless and baseless searches. Even after Josh attempted to amicably resolve the matter, by the Borough agreeing not to enforce the unconstitutional ordinance against his clients, the Borough’s attorney responded back that the only amicable resolution would be for Josh’s clients to comply with the Borough’s ordinances.
Left with no other option, Josh filed a complaint for declaratory, mandamus, and injunctive relief, along with an emergency motion for a preliminary injunction. Earlier today, the Court, finding that the Plaintiffs are likely to prevail on their claims, issued an emergency injunction, precluding Bristol Borough, Bristol Borough Council, Bristol Borough Enforcement Inspector Martin, Bristol Borough Enforcement Officer Muth, and their agents and representatives, from enforcing the ordinance against the Plaintiffs. The court also scheduled a hearing for Friday on Josh’s request for a permanent injunction.
Unfortunately, in granting the preliminary injunction, the court required the Plaintiffs to post a $5,000 cost bond, which is the largest cost bond Josh has ever seen required, with most being between $1 and $100, when constitutional issues are involved. Regardless, with only 24 hours to post the bond or the injunction would dissolve, the bond was posted. Hopefully, the cost bond will be short-lived, because with the grant of a permanent injunction, no bond is required.
If you or someone you know has had their rights violated by a Government agency, contact Civil Rights Defense Firm today to discuss YOUR rights and legal options.
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