Lexington councilwoman appeals protection order barring her from entering city hall

Fayette County Urban Councilwoman Brenda Monarrez has asked the Kentucky Court of Appeals to vacate a protection order prohibiting Monarrez from going to city hall.

The appeal, filed Tuesday, also asks for the disqualification of Fayette Circuit Court Judge Traci Brislin from the case and for any future protective orders to exclude Monarrez’s “official capacity activities,” such as attending city hall meetings and other government functions.

The three-year restraining order, imposed by Brislin on Oct. 16, is related to fellow Councilwoman Denise Gray’s accusations that she was sexually assaulted by Monarrez.

Brislin ruled that Monarrez sexually assaulted Gray twice over three years, most recently in August.

During the Oct. 16 hearing, Gray testified Monarrez tried to kiss and fondle her in August. In another instance in October 2021, Gray said she woke up at Monarrez’s home and found her performing a sexual act on her

.As part of the protection order, Monarrez can’t enter city hall. She has been attending council meetings virtually since Aug. 20, when a temporary restraining ordered was entered.

Emma Curtis, who is challenging Monarrez in the council’s 4th District, has called on Monarrez to step down from the council race, which will be decided Nov. 5. Curtis has argued that Monarrez can’t serve the constituents of the Fourth District because she can’t enter the city government center until 2027.

In her appeal, Monarrez said the Court of Appeals must offer immediate guidance because the city’s most significant budget meetings take place this week. The city allocated $20 million in surplus funds on Tuesday. Monarrez’s requests for funding for multiple parks projects were not fulfilled. Other park projects were also not funded.

Neither Brislin nor Gray immediately responded to a request for comment Thursday.

Both Gray and Monarrez were elected in November 2022. Gray is running unopposed in next week’s election.

No criminal charges against Monarrez have been filed. A Lexington police detective testified in October the case was under investigation.

“Brislin has put Monarrez in the impossible position of doing her job as an elected legislative branch official or going to jail,” Monarrez’s lawyer wrote in the appeal. “This is not permissible. Brislin’s order must be vacated as it constitutes judicial overreach. It violates the separation of powers doctrine by improperly interfering with Monarrez’s legislative duties, thus exceeding Brislin’s jurisdiction.”

The appeal said Brislin’s order has also caused irreparable harm to Monarrez and her constituents by restricting her ability to fulfill her role as a council member, depriving the citizens of Lexington’s 4th District of effective representation.

It imposes undue restrictions during a critical election period, constituting “de facto election interference” and undermining the democratic process, the appeal said.

Some public funds from the city are given to programs within Fayette County District and Circuit systems, the appeal said.The appeal alleges a conflict of interest involving Brislin’s connection to a program called “You Matter KY,” a juvenile court program to which the council has allocated money in the past.

Monarrez’s statement

In a statement issued Thursday, Monarrez again denied any accusations of sexual abuse or misconduct.

“Despite what any judge may believe from some limited time and testimony in the vacuum of a few hours in a courtroom, I have always maintained my innocence, as I do now and will always do in the future.,” Monarrez said.

“The judge making the ruling did not know me personally and knew nothing of my personal beliefs and values. During the recent hearing, I testified and denied each allegation made against me. It was also brought to public light that my accuser had continued to spend time with me numerous times over the past three years. I ask the residents in my District to consider whether, as a matter of common sense, such actions truly align with the nature of the allegations against me.

“History has shown us that judgments can sometimes be incorrect. Please be mindful that initial rulings don’t always reflect the truth. I am confident in my innocence, and I am dedicated to pursuing justice based upon truth.”

This story was originally published November 1, 2024 at 5:30 AM.