SACRAMENTO (CBS13) - A Sacramento council member's staffer has won a legal fight against the city of Sacramento.

A judge tentatively denied the city's restraining order against Skyler Henry and the city is dropping its case.  This all stems from comments Henry made during a podcast in which he reportedly defended destructive protests outside the homes of some city leaders.

The judge ruled that the city failed to present clear evidence that henry is a threat.

The city sent CBS13 a statement reading, in part: "We had hoped and trusted the court would find that an employer has a duty to protect employees in cases where threatening language has been used against them by a co-worker."

It goes on to say that the city will use every tool to ensure employees feel safe and protected.