UPDATE: This post has been updated with more information on May 10.

U.S. District Judge James L. Robart yesterday denied (.pdf) Dex's request for a preliminary injunction of the city's phone book ordinance, landing yet another blow to yellow pages publishers in Seattle.

The city's new yellow pages ordinance bans yellow pages publishers from distributing phone books to anybody on a city-enforced opt-out list and penalizes violations with a fine. The city launched its opt-out website last Thursday, and in the first 12 hours 8,800 households logged on and opted out of 59,600 phone books. As of this morning, nearly 14,000 households and businesses have opted out of 85,000 phone book deliveries.

Dex filed a request for a temporary restraining order against the opt-out system the same day it went live, arguing that it violated their First Amendment rights. But Judge Robart didn't agree with them, explaining in his order that:

Because Plaintiffs have failed to demonstrate a likelihood of success on the merits of their First Amendment claim, because any First Amendment impact on the public is limited, and because the City and its residents have competing public interests in privacy and waste reduction, the court finds that Plaintiffs have failed to demonstrate that a preliminary injunction is in the public interest. Accordingly, the court denies Plaintiffs’ motion for a preliminary injunction on this ground as well.

The City of Seattle released a statement saying that they were "heartened" by the ruling. "The public support for this opt-out system is gaining," said Council Member Mike O'Brien, who sponsored the opt-out legislation, in the statement. "We are pleased that people can continue to opt-out.”

Local Search Association (formerly Yellow Pages Association) President Neg Norton said in a statement that he was disappointed with the court's decision. LSA's original lawsuit against the city's ordinance is still pending and Norton said he is hopeful the court will eventually realize that the legislation is discriminatory.