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|Alpharetta teen denied injunction, LGBT prom lawsuit moves forward|
|by Ryan Watkins|
|March 30, 2012 16:00|
Reuben Lack, the Alpharetta High School student who sued the school after being removed from his position as the school's Student Body President after introducing an LGBT-friendly prom resolution, will not regain his position before the end of the current school year, a federal judge ruled today.
The ruling likely means that Lack will end the school year before finalizing his suit. Lack, a senior, graduates in May.
Lack went before U.S. Judge Richard Story of the United States District Court for the Northern District of Georgia on Thursday, March 29 to plead his case. Just one day later, Judge Story issued his ruling denying Lack the injunction to regain his position during the ongoing legal battle.
Story ruled that while Lack's free speech rights may have been violated, the school presented sufficient evidence to prove that it would have removed Lack regardless of the LGBT prom resolution.
While the Plaintiff engaged in protected speech which was a motivating factor in the Plaintiff’s removal, the Court finds that Plaintiff has not shown a substantial likelihood of success on the merits because the Defendants have presented sufficient evidence that they would have made the same decision to remove him even in the absence of the protected speech.
Lack's attorney, James Radford, confirmed today that the case is still moving forward. “The next step is to develop evidence through depositions and discovery to prove our case,” Radford said.
Read the complete ruling below:
Top photo: Reuben Lack (center) and his attorney James Radford (right) went before a federal judge for the first hearing in his lawsuit against Alpharetta High School (by Ryan Watkins)
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