Brinson, Askew, Berry, Seigler, Richardson & Davis attorneys J. Anderson Davis and Samuel L. Lucas won a judgment in favor of the City of Dallas and Police Chief Scott L. Halter in U.S. District Court, Northern District of Georgia, Rome Division.
Davis and Lucas, attorneys in the firm’s Municipal Government Litigation division, defended the City of Dallas against the civil rights action filed by Roger Baty and his company, JLB Auto Sales Inc., in which Baty claimed the city and Halter “arbitrarily excluded JLB from a wrecker list that the City of Dallas maintained.”
Baty and JLB filed a motion for preliminary injunction asking the court to declare the City of Dallas ordinance unconstitutional and filed a complaint alleging that the city and Halter had violated Baty and JLB’s First Amendment Rights and equal rights protection.
Davis and Lucas filed a motion to dismiss and a response to the motion for preliminary injunction on behalf of the city and Halter. The court denied the motion for preliminary injunction and granted the motion to dismiss. The court found that the ordinance was proper and the city and Halter had legally complied with the ordinance in denying JLB to be on the wrecker list for 2013.