BYRON M. v. City of Whittier

ORDER RE: PRELIMINARY INJUNCTION

Plaintiffs Motion for a Preliminary Injunction came on regularly for hearing before this Court on December 4, 1998. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that Plaintiffs Motion is DENIED.

I. Background

On November 3, 1998, Plaintiff filed his first amended complaint for a temporary restraining order to prevent Defendants from distributing personal information about Plaintiff, pursuant to Cal.Penal Code § 290. This statute permits personal information regarding convicted sex offenders to be released under certain circumstances. At the November 10, 1998 hearing, the Court.granted Plaintiff’s Motion for a Temporary Restraining Order only as to the distribution of Plaintiffs personal information to the media. The Court raised sua sponte the issue as to whether or not “advise the public” terminology under § 290(n) authorizes publication to the media. Because the Court could not determine whether the Plaintiff had shown the possibility of irreparable injury as to the issue of release of information to the media, the Court requested the parties to brief this single issue for…