A Kentucky Court of Appeals judge has denied a request from Lexington Fayette-Urban County Councilwoman Brenda Monarrez for “emergency relief” over a protective order that bars her from attending City Hall.
The three-year restraining order, filed Oct. 16 by Fayette Circuit Judge Traci Brislin, is in response to allegations that Monarrez sexually assaulted fellow council member Denise Gray multiple times, including most recently in August.
The order not only bars her from entering the government center, but also prohibits Monarrez from contacting Gray or going within 500 feet of Gray’s home.
On Tuesday, Monarrez asked the appeals court to revoke Brislin’s order, saying she is suffering “irreparable harm” because she is being hampered in her council work and the situation is being used against her in the final days before the Nov. 5 election.
An attorney for Monarrez also argued that Brislin should recuse himself from the case.
The request was made in the form of a ‘petition for an injunction’.
However, Judge Kelly Mark Easton, who appealed, wrote in an order Friday that he “will not grant emergency relief where it appears that this Court lacks jurisdiction to do so.”
He wrote that Monarrez should have filed a separate motion for an emergency injunction, noting that she did not file an appeal.
He also said she could have asked the chief justice of the Kentucky Supreme Court in August to disqualify Brislin, but she did not.
Easton noted that the hearing on the protective order was “unusually long… for such cases.”
Gray has said Monarrez tried to kiss her and grabbed her crotch after the two went out for dinner on August 1. She also says she invited Monarrez to her birthday party in October 2021, and Monarrez gave her several drinks and then offered to drive her home. Instead, Gray said, she lost consciousness and woke up in Monarrez’s home with Monarrez performing a sex act on her.
“The parties have heard several hearings on the IPO petition, and the family court has made the requisite factual findings, including the risk of another attack in the future,” Easton wrote. “Long before the current accusation, evidence about another event was presented. “On the evidence presented to the family court, the IPO does not appear so clearly wrong that this court should grant extraordinary injunctive relief.”
Easton also said Monarrez “is not prevented from performing her work as an LFUCG councilor” because she can still work remotely.
Monarrez has been attending council meetings virtually since a temporary protective order was issued against her in August.
Although he declined to grant emergency relief, Easton said the case would be assigned to a three-judge panel after the time for a response from Brislin and Gray had expired.
No criminal charges have been filed against Monarrez, but a Lexington police detective said an investigation is underway.
Monarrez is running for re-election in Lexington’s 4th District. Her opponent, Emma Curtis, has called for her to resign, saying she is “no longer legally permitted to fulfill even the most basic responsibilities that come with membership of the council.”
In a statement Thursday, Monarrez denied any sexual abuse or misconduct and reiterated her commitment to serving the community.
“At the recent hearing, I testified and denied every accusation against me. It was also revealed to the public that my accuser had continued to spend time with me numerous times over the past three years. I ask residents in my district to consider whether such actions, as a matter of common sense, are truly consistent with the nature of the allegations against me.
“Although the court has issued a protective order, I want the public to know that this decision is being legally challenged. I am fully committed to challenging this ruling and believe that through the legal process, truth and justice will ultimately emerge. History has taught us that judgments can sometimes be wrong. Please note that initial statements do not always reflect the truth. I am confident in my innocence, and I am committed to pursuing justice based on truth.”
