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HAMLYN v. ROCK ISLAND COUNTY METROPOLITAN

March 21, 1997

HOWARD D. HAMLYN, ON HIS OWN BEHALF AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED, PLAINTIFF,
v.
ROCK ISLAND COUNTY METROPOLITAN MASS TRANSIT DISTRICT, AND LOREN A. DUSSLIERE, CECIL L. HICKMAN, ROBERT E. JENSEN, LAURENCE W. LORENSEN, AND JOHN R. HUNT, IN THEIR INDIVIDUAL CAPACITIES, DEFENDANTS.



The opinion of the court was delivered by: McDADE, District Judge.

ORDER

Before the Court is Plaintiff's Motion For Preliminary Injunction [Doc. # 3]. For the following reasons, the motion is tentatively denied without the need for an evidentiary hearing.

BACKGROUND

On February 20, 1997, Plaintiff Howard D. Hamlyn ("Hamlyn") filed a Complaint on his own behalf and on behalf of all those similarly situated alleging that Defendants had violated the ADA, the Rehabilitation Act, and the Equal Protection Clause of the Fourteenth Amendment by excluding persons with AIDS from its Metro Link Reduced Fare Program. This program entitles eligible recipients to pay a reduced fare on Metro Link buses. The application form explicitly states: "WHO DOES NOT QUALIFY: [] Applicants whose sole disability is [] AIDS." Once again, on the physician statement portion of the form, it states, "Applicants do not qualify if their sole disability is [] AIDS."

Accompanying the Complaint is a motion for preliminary injunction. Attached to this motion is Hamlyn's affidavit in which he states in relevant part:

2. I have AIDS.

  4. My AIDS disability causes me to have limited
    financial means.
  6. I desire to participate in Metro Link's Reduced
    Fare Program in order to participate more fully in
    social, family, and community activities.
  16. I suffered and continue to suffer emotional
    distress as a result of my exclusion from the
    Reduced Fare Program.
  17. I have been prevented and continue to be
    prevented from participating in

    social and recreational activities as a result of
    my exclusion from the Reduced Fare Program.

ANALYSIS

In order to obtain a preliminary injunction, the movant must show: (1) that the case has some likelihood of success on the merits; (2) that no adequate remedy at law exists; and (3) that the movant will suffer irreparable harm if the injunction is not granted. Storck USA, L.P. v. Farley Candy Co., 14 F.3d 311, 313-14 (7th Cir. 1994). Only if these three conditions are met must the Court proceed to balance the harm to the movant if the injunction is not issued against the harm to the defendant if it is issued improvidently. Id. at 314. In addition, the court must consider the public interest in its decision. Id.

As presently reflected by the record before the Court, Plaintiff has failed to establish that he has no adequate remedy at law or that he will suffer irreparable harm if the injunction is not granted. The rule is clear: monetary loss does not constitute an irreparable injury because a successful plaintiff can be adequately compensated at the conclusion of the litigation. Classic Components Supply, Inc. v. Mitsubishi Elec. Am., Inc., 841 F.2d 163, 164-65 (7th Cir. 1988); Chicago Typographical Union, No. 16 v. Chicago Newspaper Publishers' Assoc., 620 F.2d 602, 604 (7th Cir. 1980).

There are four possible exceptions to this rule: (1) the plaintiff is so poor that he would be harmed in the interim by the loss of the monetary benefits; (2) the plaintiff would be unable to finance his lawsuit without the money he wishes to recover; (3) the damages would be unobtainable from the defendant because it will be insolvent prior to the final judgment; and (4) the nature of the plaintiff's loss may make damages very difficult to calculate. Roland Machinery ...


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