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Mr. Niznik retained renowned circumcision lawyer [[David J. Llewellyn]] of Atlanta, Georgia to represent him and they went to court in the [http://www.cookcountycourt.org/ Circuit Court of Cook County], Illinois. Mr. Llewellyn was supported by local counsel Lake, Toback & D'Arco. The Polish-born father, a 49-year-old building manager from Arlington Heights, immediately asked Judge Jordan Kaplan to issue a temporary restraining order to prevent the circumcision of his son, pending a trial, which was done.<ref name="arcnews2006" />
Drs. [[Robert S. Van Howe| Van Howe]] and Gibbon served as expert witnesses for the father, while Drs. Hatch and Goldstein served as expert witnesses for the mother, a 31-year-old homemaker from Northbrook, represented by Tracy Rizzo.<ref name="arcnews2006"/> <ref name="appendixone" />
She claimed that the boy had [[balanitis]] which she alleged would make his [[circumcision]] a necessary medical treatment, however it was shown that the boy had been swimming in heavily clorinated swimming pools, which caused the irritation. The boy did not have balanitis, so he did not need a circumcision. Even if he did have balanitis, there is more conservative treatment available than radical, destructive circumcision, it was shown.<ref name="appendixone" />
==Summation==
The decision of the trial judge was not appealed to a higher court so the decision of the trial court stands.
''Schmidt vs. Nizni''k (2006) is believed to be the first American legal case to recognize the right of a male child to genital autonomy — the right to decide for one's self about surgical operations and reconfiguration of one's genital organs.
[[Doctors Opposing Circumcision]], cited this case as a precedent in an [https://pool.intactiwiki.org/images/2007-04_BoldtReviewBrief.pdf| ''amicus curiae'' brief] filed with the Oregon Supreme Count in the case of [[Boldt v. Boldt]] in 2007.
{{REF}}