Ramos v. Department of Homeless Services

Background

Jose Antonio Ramos, proceeding without a lawyer, moved for a preliminary injunction or temporary restraining order against the Department of Homeless Services and Breaking Ground. The motion sought relief for Ramos and “similarly situated individuals” at 123 East 15th Street. Ramos alleged that staff told him to remove personal storage items from a third-floor closet; that items had been removed from his room without permission; that he and other individuals with disabilities were afraid to use the showers and bathrooms; and that staff engaged in harassment and discriminatory conduct. He also alleged that staff banged on clients’ doors at various times and had not corrected safety issues in the bathrooms and showers.

Legal standard

The court stated that a preliminary injunction is an extraordinary remedy. A person seeking one generally must show a likelihood of success on the merits, a likelihood of irreparable harm without the order, that the balance of hardships favors the person seeking relief, and that the public interest would not be harmed. The court also explained that a mandatory injunction—one that changes rather than preserves the existing situation—requires a clear or substantial likelihood of success. The person seeking the order must make a clear showing that the requirements are met.

Ruling

The court concluded that Ramos had not demonstrated why a preliminary injunction or temporary restraining order should issue. It specifically stated that he had offered neither legal analysis nor evidence supporting the motion. Judge Vernon S. Broderick therefore denied the application. The Clerk of Court was directed to mail Ramos a copy of the order. The order also identified the court’s Legal Assistance Clinic as a source of information about the law.

Classification

This is a procedural order because the court ruled on a request for emergency injunctive relief without deciding whether Ramos’s underlying allegations were legally or factually correct.