The next hearing on the request for a longer-term injunction is likely to be scheduled sometime in late August. aa bill of particulars and more definite statement is a well recog- nized and invaluable aid to the defense or prosecution of any law. They said the passage of HB 359 was a justifiable action, and that the state has the authority to restrict some conduct that may not be obscene in order to keep it away from minors. “Nothing in the record currently before the Court indicates that speech and expression associated with Montana Pride has harmed minors or any other community members,” stated Morris in the ruling.Īt the Wednesday TRO hearing, attorneys for the Montana Department of Justice defended the law, arguing that there wasn’t a risk of “irreparable harm” to the plaintiffs. Pride organizers said they may be forced to choose between limiting their expression and potentially running afoul of the new requirements.
A bill of particulars is also in the best interest of the judicial process overall the sooner a Plaintiff and Defendant are on the same page about. This prevents surprises, thus enabling the Defendant to prepare the strongest defense possible. The plaintiffs also saidthere was a particular need for a restraining order because of events planned in Helena next week for Montana Pride. A bill of particulars requests details on everything the Plaintiff states is the meat of the case. It defines “sexually oriented” to include “stripping, salacious dancing,” and any other “lewd or lascivious depiction or description.”Ī number of organizations and individuals filed suit earlier this month, saying the new law restricted their rights to free expression, and that the definitions in the bill were too vague and left them in an uncertain legal position. It also bans “sexually oriented performances” in front of minors – either on public property or at a business – and it bans them altogether in locations that receive state funding. Malik was filed involving a dispute between Kathleen Bucci As Executrix Of The Estate Of Robert W. The law prohibits schools and libraries that receive state funding from hosting “drag story hours” during regular operating hours or a sponsored extracurricular activity. HB 359 was passed by the Legislature and signed by Gov. “ contains no carveout for speech or expression with serious literary, artistic, political, or scientific value,” wrote Morris. A bill of particulars is a written document in which a party has to explain the allegations in his/her complaint, or petition, in more detail.
His reasoning was based upon potential impacts on the upcoming Montana Pride events in Helena and potential constitutional violations if the court doesn’t interfere. District Judge Brian Morris issued the temporary restraining order Friday preventing the state from enforcing House Bill 359 pending the plaintiffs' request for a preliminary injunction. HELENA - A federal judge has temporarily blocked Montana’s new state law restricting drag performances from being enforced.