TUCSON, Ariz. (KGUN) — Lawyers representing 11 ASDB families filed a complaint with the Pima County Superior Court on Monday.
An application for Temporary Restraining Order (TRO) and Motion for Preliminary Injunction was filed, urgently asking a judge to stop the school’s leadership and governing board from voting on the ASDB's closure on Thurs. Feb. 5 in Phoenix.
A response was received Wednesday from Hon. Jeffrey Bergin denying the TRO and Motion for Preliminary Injunction.
The order states in part, "Under A.R.S. § 12-1802, the Court cannot issue an injunction which prevents the exercise of a public or private office in a lawful manner by the persons in possession of such office. The ASDB Board falls within this definition. Further, a temporary restraining order is a type of injunction. Firchau v. Barringer Crater Co., 86 Ariz. 215, 219 (1959). Therefore, the Court is statutorily prohibited from considering an injunction designed to prevent the Board from holding a lawful meeting or from lawfully voting. The Court is sympathetic to the concerns raised by these parents and legal guardians. Nevertheless, the Court must follow the law and the Court’s rules. In doing so, the Court finds Plaintiffs have not shown a strong likelihood of success at trial on the merits."
Melissa Rueschhoff and Jim Bolin with Signature Law Partners, PLLC are representing the families.
In response to the judge's decision, Rueschhoff states,
"The judge made a largely procedural ruling as to whether or not he believed that he has the actual authority to step in and stay or prevent the board from voting tomorrow during ASDB’s internal board meeting. While we of course respect his ruling, we disagree with the technical interpretation that he came to in reaching it. Rest assured, we will be undertaking additional measures to ensure the school does not close down, relocate to Oro Valley, and blatantly neglect the truly vulnerable blind and visually impaired students they are duty bound to educate while receiving federal and state dollars to do so."
See below for the full court order, which shares more details.
RELATED COVERAGE: Families sue to stop closure of Arizona State Schools for the Deaf and Blind Tucson campus
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