UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF MISSOURI

SOUTHERN DIVISION
Andrea Andi Mooneyham,
Plaintiff,
v.
Ozark Fire Protection District, a political
subdivision of the State of Missouri
and municipal corporation,
Defendant.

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No. 6:14-cv-3496-MDH

MOTION FOR PRELIMINARY INJUNCTION

Comes now Plaintiff, pursuant to Rule 65 of the Federal Rules of Civil Procedure, and for
reasons set forth in this Motion and the accompanying Suggestions in Support, moves this Court
for entry of a preliminary injunction prohibiting Defendant, its agents, employees, attorneys, and
all persons acting in concert or connection with it, from refusing to recognize the legal marriage
of Plaintiff and ordering Defendant to offer Plaintiff the same benefits that it offers to employees
with different-sex spouses.
Entry of a preliminary injunction is appropriate in this case because Plaintiff is likely to
succeed on the merits; there is a real threat of irreparable harm absent an injunction; no harm will
be inflicted upon Defendant should a preliminary injunction issue; and the issuance of a
preliminary injunction is in the public interest.
Bond should be waived or set at a nominal amount since there will be no demonstrable
harm to Defendant if their unconstitutional actions are enjoined.
Accordingly, Plaintiff requests that this Court:
A.

Issue a preliminary injunction prohibiting Defendant, its agents, employees,

attorneys, and all persons acting in concert or connection with it, from refusing to
recognize the legal marriage of Plaintiff and ordering Defendant to offer Plaintiff

Case 6:14-cv-03496-MDH Document 6 Filed 12/02/14 Page 1 of 3

the same benefits that it offers to employees with different-sex spouses;

B.

Waive bond or set bond at a nominal amount; and

C.

Allow Plaintiff such other and further relief as is just and proper under the
circumstances.
Respectfully submitted,
/s/ Anthony E. Rothert
Anthony E. Rothert, #44827
Grant R. Doty, #60788
Andrew McNulty, #67138
ACLU of Missouri Foundation
454 Whittier Street
St. Louis, Missouri 63108
Phone: 314-652-3114
Fax: 314-652-3112
trothert@aclu-mo.org
gdoty@aclu-mo.org
amcnulty@aclu-mo.org
Gillian R. Wilcox, #61278
ACLU of Missouri Foundation
3601 Main Street
Kansas City, Missouri 64111
gwilcox@aclu-mo.org
Joshua Block, pro hac vice forthcoming
LGBT & AIDS Project
ACLU Foundation
125 Broad Street, 18th Floor
New York, New York 10004
ATTORNEYS FOR PLAINTIFF

Case 6:14-cv-03496-MDH Document 6 Filed 12/02/14 Page 2 of 3

Certificate of Service
I certify that, on December 2, 2014, a copy of the forgoing was mailed via USPS first
class mail to Ozark Fire Protection District, 604 North 3rd Street, Ozark, Missouri 65721. In
addition, on December 2, 2014, a courtesy copy was faxed to Todd A. Johnson, (417) 866-1064.
/s/ Anthony E. Rothert

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