Preliminary Injunctions Are the Emperperors' New Clothes

In Sole v. Wyner, the press is getting it wrong. Most of the press reported that the Supreme Court ruled against Tami Wyner, a nude protester, and didn't explain the full significance of the case.

Most importantly, the case stands for the provision that a preliminary injunction obtained under 26 USC 1983 does not serve as a final disposition on the merits and therefore doesn't trigger attorneys fees. Here, Tami Wyner was successful in getting a preliminary injunction to prohibit the Department of Environmental Protection from enforcing Florida's "bathing suit rule" which requires at least bathing suits in Florida State parks. In a subsequent hearing, the District Court found that the restrictions in the preliminary injunction proved unworkable and then granted summary judgment to Florida. The district court also concluded that since Wyner won at least at the preliminary injunction level, she should be entitled to some attorneys fees. The Supreme Court held that it's the end result that counts and not the parts when considering the transfer of attorney fees.