C6,LSE NO.1 0-05578-E
TEKOLA MEKONEN & TSEHAYE TSIDK BETEMARIAM , THE 101 ST DISTRICT COURT
P!aintifl. DALLAS COl'NTY. TEXAS
YOSEF RETTA, MlUJALEM FA1\TAl-IUN. DR. GIRMA WOLDE RUFAEL. ABEBE EWNE ru. EYOEL NEGGA. ABERA FITTA, MRS. TEWABECH TADESSE, MR. BIZUAYEHl GETACHEW, MRS. SOLOME MEKONNEN.
On the 18th day of May. 2010. came to be heard the request for a temporary injunction of Plaintiffs Tekola Mekonen and Tsehaye Tsidk Betemariam. as set forth in their Original Petition and Application for Injunctive Relief ("Petition"). All parties appeared in person and through counsel of record. and a record was made of the proceedings. The Court. after considering the pleadings. arguments. evidence and applicable law. finds that Plaintiffs are entitled to a temporary injunction pending a trial on the merits.
More specifically. it appears from the facts before the Court that absent a temporary injunction. Defendants will deny or otherwise interfere with Plaintiffs and other members of The Ethiopian Orthodox Tewahedo Dabre Mehret St. Michael's Church access to the church's religious services, It further appears that Defendants will hide. destroy. or otherwise dispose of church documents. including financial records all of which belong to the membership collectively.
The Court further finds that such activity will cause irreparable harm to Plaintiffs and other members of the church and that Defendants should be enjoined from such activity pending a final trial on the merits. The Court further finds that Plaintiffs have shown a probable right and probable injury if this order is not granted.
The Court further finds that any of the above-described actions would deprive Plaintiffs of the free exercise of their religion.
IT IS THEREFORE ORDERED that Plaintiffs' application for temporary injunction is hereby GRANTED in part. and that Defendants Yosef Retta. Mulualem Fantahun. Dr. Girma Wolde RufaeL Abebe Ewnetu Negatu. Eyoel Negga. Abera Fitta. Mrs. Tewabech Tadesse, Mr. Bizuayehu Getachew, Mrs. Solome Mekonnen. individually and collectively. as well as their agents, officers. servants, employees. attorneys, representatives. including in pal1icular any security guard or service or on-or off-duty law enforcement officers. and other parties in concert or participation with said Defendants. are hereby temporarily enjoined from prohibiting any person from entering the church located at 1106 N. Jupiter Road. Garland, Texas and peaceably participating in worship services or associated activities. Any period of announcements made at the beginning or the end of the traditional worship service are included in this Court's definition of the worship service. The foregoing persons and entities are further temporarily enjoined from forcibly removing or causing to be forcibly removed from the worship services any person who has not first been asked by a member of the Board of Trustees or an authorized official of the church to leave peaceably. The foregoing persons and entities are further temporarily enjoined from asking any person to leave the worship services unless that person is causing an actual disruption of the service as viewed from the perspective of a reasonable person under the same or similar circumstances.
IT IS FURTHER ORDERED that Defendants Yosef Retta, Mulualem Fantahun, Dr. Girma Wolde RufaeL Abebe Ewnetu Negatu, Eyoel Negga, Abera Fitta, Mrs. Tewabech Tadesse, Mr. Bizuayehu Getachew, Mrs. Solome Mekonnen, individually and collectively, as well as their agents, officers, servants, employees, attorneys, representatives, and other parties in concert or participation with said Defendants, are hereby temporarily enjoined from hiding, secreting, destroying or otherwise disposing of any church documents or records, including without limitation tinancial records of the church, or any audio or video recordings whether from the church's security system or otherwise.
IT IS FURTHER ORDERED that PlaintitTs' $2,000 cash previously posted in lieu of a TRO bond shall
continue in force and effect in support of this temporary injunction.
IT IS FURTHER ORDERED that the trial of this cause is set for the 6th day of December 2010 at 9:00 a.m. in the 101st Judicial District Court of Dallas County, Texas.
IT Is FlRTHER ORDERED that this temporary injunction is valid and binding upon all Defendants as of the Court's oral pronouncement at the conclusion of the May 18,2010 hearing.
SIGNED this 2nd day of june 20l0
MARTIN LOWY, PRESIDING