Preliminary Injunction Filed

On 05/15/2008, The Midwest Retailers Association, LTD. filed a motion for a preliminary injunction.

"Unless a preliminary injunction is granted, store owners affected by this ordinance will face irreparable injuries. Specifically, Toledo Municipal Ordinance 797-07 criminalizes the operation of retail food and beverage stores smaller than 5000 square feet without a special license. Attainment of this license is contingent upon a vague, overly burdensome, and unconstitutional application process. Moreover, Toledo Municipal Ordinance 797-07 vests Toledo City officials with nearly limitless discretion to revoke or refuse to renew licenses.

"The threat of irreparable injury to Plaintiff and the store owners it represents is immediate and real. If the City of Toledo begins enforcement of Ordinance 797-07, affected business owners will have to choose between (i) complying with a law that will cause them irreparable injury in the form of lost business and good will, loss of constitutional rights, and the prospect of lawsuits from governmental, quasi-governmental, and private parties, and (ii) violating the law and facing the prospect of lawsuits from governmental and private parties, as well as criminal sanctions including fines, property loss, and incarceration.

(Read the full Motion for Preliminary Injunction with Memorandum In Support).