From Vaughn v. Harrison County, decided Friday by Judge Taylor McNeel (S.D. Miss.):
Yesterday, Rev. John Vaughn filed this lawsuit seeking to have fifty people attend a worship service in a barn on his private property. Vaughn is proceeding pro se. He has scheduled the worship service for some time tomorrow, but he acknowledges that Harrison County has told him he cannot have the fifty people in the barn because Harrison County believes that a gathering at the property "would constitute a very serious life safety situation."
Vaughn has filed a Motion for a Temporary Restraining Order asking this Court to order Harrison County to allow the fifty people into the barn. But he does not want Harrison County to have notice of this motion or to have the opportunity to respond. Instead, he wants this Court to enter an ex parte Order without giving Harrison County the chance to explain their position. But this is a litigation strategy created by Vaughn's own making. Instead, Harrison County needs to be served with process, given time to respond, and then an evidentiary hearing can be set.
Vaughn's motion is denied for a number of reasons. First, the primary purpose of a temporary restraining order is to maintain the status quo. But Vaughn is seeking to change it—not maintain it. Harrison County told him about seven months ago to not have fifty people in this barn. Vaughn could have challenged that action then.
Second, Vaughn does not establish a substantial likelihood of success on the merits. Vaughn does not really present evidence or on-point case law to support his assertions.
Third, Vaughn does not show a substantial threat of irreparable injury. Vaughn recognizes that the congregation's primary church building is available for the worship service.
Fourth, the harm that will result if the temporary restraining order is granted potentially outweighs Vaughn's injury. If the Court were to grant the temporary restraining order, these people could be injured while congregating at Vaughn's barn.
