Judge Denies Ind. AG’s Motion for Stay in Medias' ‘Buffer Law’ Case

U.S. Magistrate Judge Mario Garcia for Southern Indiana in Indianapolis denied the Indiana attorney general's motion for a stay in a suit to block enforcement of HB-1186, the state's "buffer law,” pending the outcome of a YouTuber’s appeal in the 7th U.S. Circuit Court of Appeals (see 2402220005), said Garcia’s signed order Friday (docket 1:23-cv-01805). The plaintiffs -- seven media organizations including Nexstar, Scripps, Tegna and the Indianapolis Star -- opposed the stay. HB-1186 makes it a misdemeanor for news media members to approach within 25 feet of police officers on active duty. YouTuber Donald Nicodemus' appeal seeks to reverse the district court’s Jan. 12 decision denying his motion for a permanent injunction against the city of South Bend’s enforcement of the buffer law. Like the media organizations in the case against Rokita, Nicodemus is challenging HB-1186 on First Amendment grounds. AG Todd Rokita (R) argued that the 7th Circuit’s determination of issues in Nicodemus’ appeal “will give clear answers to numerous identical arguments raised” in the media organizations’ case against Rokita. But Garcia found that a stay would prejudice the media organizations, because amid a stay, they would have to wait for the court to rule on their motion for a preliminary injunction to block HB-1186, said the judge’s order. The preliminary injunction motion “is fully briefed and ripe for decision,” it said. Garcia also isn’t persuaded that Rokita “will face hardship if this stay is denied,” it said. The AG argues that the issues in the instant case will be simplified by awaiting a 7th Circuit ruling in the Nicodemus case. Even taken as true, a simplification of issues if a stay is granted doesn’t amount to hardship to Rokita if it’s denied, said the order.