Cox v. Unnamed

7ermont Superior Court
Filed 07/03/24
Addison Unit

VERMONT SUPERIOR COURT eo CIVIL DIVISION
Addison Unit Case No. 24-CV-02540
7
Mahady Court
Middlebury VT 05753
802-388-7741
www.vermontjudiciary.org

Jason Cox v. Unnamed Defendant

DECISION ON REQUEST FOR TEMPORARY RESTRAINING ORDER
In this complaint for a temporary restraining order (TRO) and preliminary
injunction, Plaintiff Jason Cox requests that the Court prohibit the Lawrence
Memorial Library ("the Library") from hosting an event that he alleges will harm
unspecified minors who attend the event. Although the relief Plaintiff requests would
restrain the conduct of the Library and the performer, Katness Everqueer, Plaintiffs
complaint does not name those parties as defendants in the action, nor does he provide any
proof of service upon any defendant.

Plaintiff alleges that the Library has scheduled a public event on July 6, 2024, known
as Drag Queen Story Time, featuring a performer, Katness Everqueer (Kat Redniss).'
According to Plaintiff, the promotion for the event provides a link to the performer's
Instagram profile. He states that the Instagram profile "contains explicit and provocative
images that are inappropriate for children and potentially violate Vermont's obscenity
laws." Complaint at 3. Plaintiff alleges that the event is imminent, and that "irreparable
harm . could be inflicted on the community if minors are exposed to indecent material."
.

Id. at 4. Further, according to Plaintiff, "[t]he performance and the linked explicit content
pose a significant risk to the welfare and moral development of minors who may attend the
event." Id.

The Vermont Rules of Civil Procedure provide that "[a] temporary restraining order
may be granted without written or oral notice to the adverse party or that party's attorney
only if it clearly appears from specific facts shown by affidavit or by the verified complaint
that immediate and irreparable injury, loss, or damage will result to the applicant before the
adverse party or that party's attorney can be heard in opposition." V.R.C.P. 65.

'
An unnumbered exhibit submitted with the Complaint indicates an event called "Drag Story Hour Vermont" on July 6 in
Bristol. It is unclear on the face of the exhibit whether the exhibit is webpage or a social media post. It is equally unclear
a

whether the Library, the performer, or some other party controls this alleged promotion of the event.

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24-CV-02540 Jason Cox v. Lawrence Memorial Library
Here, Plaintiff alleges that such harm “will result to minors who attend the Drag
Queen Story Time event if it proceeds as planned, due to the explicit nature of the content
linked to the performer.” Affidavit, ¶ 4. Plaintiff alleges that the images posted on the
performer’s Instagram profile are “unsuitable for children,” Complaint at 4, and
“potentially violate Vermont’s obscenity laws,” Id. at 3, but he alleges no injury that would
result to Plaintiff himself if the event occurs on July 6, 2024, nor does he allege that the
images on the performer’s Instagram profile will be shown to minors at the event. He does
not allege a relationship to the hypothetical, and unnamed, minors nor any reason why he
would be permitted to file claims on their behalf. The Complaint does not even contain
any allegation that minors will in fact attend the event, nor does it allege a reason why the
event would contain obscene materials.

Because Plaintiff has not alleged any specific facts from which it clearly appears that
immediate and irreparable injury, loss, or damage will result to him, the Court denies
Plaintiff’s request for a TRO.

Plaintiff also fails to allege any nexus between himself and the hypothetical injuries
to minors that he speculates could occur on July 6 at the Library. “To satisfy the threshold
requirement of standing, a plaintiff ‘must present a real—not merely theoretical—
controversy involving the threat of actual injury to a protected legal interest rather than
merely speculating about the impact of some generalized grievance.’ ” Turner v. Shumlin,
2017 VT 2, ¶ 11, 204 Vt. 78 (quoting Brod v. Agency of Nat. Res., 2007 VT 87, ¶ 9, 182 Vt.
234).

The elements of standing are injury in fact, causation, and redressability. Id.
“Specifically, the plaintiff ‘must have suffered a particular injury that is attributable to the
defendant and that can be redressed by a court of law.’ ” Wool v. Off. of Pro. Regul., 2020 VT
44, ¶ 10, 212 Vt. 305 (quoting Parker v. Town of Milton, 169 Vt. 74, 77 (1998). “The alleged
injury must be an invasion of a legally protected interest, not a generalized harm to the
public.” Id. (quoting Paige v. State, 2018 VT 136, ¶ 9, 209 Vt. 379.

Here, not only is the alleged injury theoretical, speculative, and a generalized harm to
the public, but Plaintiff has not alleged any injury in fact that he will suffer, and therefore
even if the Court takes all allegations in the Complaint to be true, Plaintiff lacks standing.
Because this Court has no jurisdiction where there is no actual controversy between
adverse litigants, the Court dismisses the Plaintiff’s complaint. See Id., ¶ 11 (“The purpose
of the standing doctrine is . . . to determine whether the plaintiff’s stake in the outcome of
the controversy is sufficient to assure that concrete adverseness which sharpens the
presentation of issues.”); V.R.C.P. 12(h)(3) (“Whenever it appears by suggestion of the
parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall
dismiss the action.”).

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24-CV-02540 Jason Cox v. Lawrence Memorial Library
Order

Plaintiff’s motion for a temporary restraining order is DENIED, and Plaintiff’s
Complaint is DISMISSED.

Signed Electronically on July 2, 2024 pursuant to V.R.E.F. 9(d).

_________________________________________
David Barra
Superior Court Judge

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24-CV-02540 Jason Cox v. Lawrence Memorial Library