Founder of Domino's Pizza Wins Temporary Restraining Order Against Birth Control Policy

The founder of Domino's Pizza won a court order that temporarily allows him to avoid Affordable Care Act-mandated contraceptive coverage for employees at his Ann Arbor, Mich., Domino's Farms property management company.

A federal court judge granted a temporary restraining order Sunday, citing a First Amendment right to freedom of religion, until a final decision is made.

Tom Monaghan sold Domino's Pizza in 1998. He was also the owner of the Detroit Tigers from 1983-92.

A devout Catholic who also founded Ave Maria University in southwest Florida, Monaghan argued in a lawsuit filed in the U.S. District Court for the Eastern District of Michigan on Dec. 14 that being forced to cover his Domino's Farms staffers' contraceptives, such as the Plan B and other morning-after pills, ran contrary to the tenets of his faith. "Gravely immoral practices" is how contraceptives are described in the original lawsuit.

"I'm elated," said his attorney, Erin Mersino. "This is really what (my client) sought at this point. We're happy that as of tomorrow, religious freedom won't be violated."

U.S. District Judge Lawrence Zatkoff wrote in his opinion that he was issuing the temporary restraining order because the case wouldn't be resolved before Tuesday, when the Domino's Farms health care plan year begins.

Insurance companies began to be subjected to the U.S. Department of Health and Human Services mandate Aug. 1.

"Abiding by the mandate will substantially burden his exercise of religion," Zatkoff said. "Because plaintiffs' claims involve a First Amendment right, and because the court has found some likelihood that plaintiffs' ... claim will succeed on the merits, the court finds that irreparable harm could result to plaintiff."