Case 4:22-cv-00324-MW-MAF Document 44 Filed 11/17/22 Page 127 of 139
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Recall that the remaining preliminary injunction factors are (1) that Plaintiffs will suffer irreparable injury absent an injunction, (2) that the harm to Plaintiffs of not granting an injunction outweighs the harm an injunction would cause Defendants, and (3) that the injunction would not be adverse to the public interest. Siegel, 234 F.3d at 1176. Here, the remaining preliminary injunction factors are thoroughly intertwined with considerations already discussed regarding the merits of Plaintiffs’ claims. On balance, these factors weigh in favor of granting Plaintiffs’ motion for preliminary injunction.
First, absent an injunction, Plaintiffs will suffer irreparable injury because an ongoing First Amendment violation—which the IFA inflicts—constitutes irreparable injury. Speech First, Inc., 32 F.4th at 1128. Second, weighing Plaintiffs’ First Amendment injury against Defendants’ interest, the scale tips decisively in Plaintiffs’ favor. See KH Outdoor, LLC v. City of Trussville, 458 F.3d 1261, 1272 (11th Cir. 2006). This is because the state “has no legitimate interest in enforcing an unconstitutional ordinance.” Id. Third, an injunction would not be adverse to the public interest. After all, as noted above, “[t]he public has no interest in enforcing an unconstitutional ordinance.” Id. at 1272–73. And as the Supreme Court has recognized, “[t]he First Amendment, in particular, serves significant societal
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