Storage Wars Victory: Suing Ex-Star David Hester Is No Match for First Amendment

Judge rules that the plaintiff, who claims the show is staged, can't sue for unfair business practices and refuses to issue injunction

David Hester can't stop the wars from raging.

A judge has refused to issue an injunction preventing A&E from engaging in business as usual when it comes to the hit series Storage Wars, a blow against the lawsuit Hester filed against the network in which he claimed that the show he used to feature prominently on is rigged.

Interfering with the show's production would violate the network's First Amendment rights, ruled L.A. Superior Court Judge Michael Johnson, who also dismissed Hester's charge of unfair business practices, according to TheWrap.com.

"It is well settled that television broadcast involves free speech, as well as production activities that advance or assist in the creation of a television program," the judge said.

Hester sued A&E in December, alleging that he was fired after blowing the whistle on the show's habit of planting valuables and other notable items in the featured storage facilities to drum up drama.

In a response filed in January, A&E called the auction house owner's lawsuit a "transparent attempt to distract from the issues"—those issues allegedly being other, unrelated disagreements between the network and Hester.

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The plaintiff was seeking at least $750,000 in damages. After today's ruling, charges of wrongful termination, breach of contract and breach of the implied covenant of good faith and fair dealing remain.

A network attorney told TheWrap that they were pleased with Johnson's ruling.