Tuesday, May 19, 2009

Urgent: Federal judge denies emergency order that would keep Tucson Citizen publishing in print

From a new story on the Citizen's website:

In order to convince the U.S. District Judge Raner C. Collins to grant the restraining order, Arizona Attorney General Terry Goddard had to show that there would be irreparable harm caused by the continued cessation of the printed Citizen, and that the state had a reasonable chance of succeeding on the merits of its case -- that Gannett and joint operating agency partner Lee Enterprises were acting in an anticompetitive way.

Collins said in his ruling:

"The Court finds at this point the plaintiff has failed to show the likelihood of success at trial that the defendant committed an antitrust violation that caused irreparable harm by closing the Tucson Citizen. While regrettable that the Citizen's illustrious legacy must come to end, it can not be said at this time, the decision to close the Citizen involves an anti-trust violation. The Court can not say at this point in time that there is a violation of the Newspaper Preservation Act. While, it is true the closing of the Citizen is an irreparable harm, the plaintiff has failed to show the balance of hardships weighs in their favor.

"Evidence at this time does not show a ready and willing buyer to pay the fair and reasonable liquidation value of the Tucson Citizen assets.

"If the Court were to apply the failing company test, the Citizen would qualify."

Related: Judge Collins's order in .pdf via the Citizen

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  1. Hope Lee Enterprises is happy with the deal they just made with the devil! Pretty soon, there will just be a southern Arizona version of the Arizona Republic and no need for the Lee paper at all!

  2. Collins needs some help with his punctuation. Maybe he could hire a laid-off copy editor?


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