Jeff Herman, the attorney for the three men who filed suit against the former Elmo puppeteer, calls Monday's decision "the first battle"
The attorney representing the three men who accused Kevin Clash of sexual abuse when they were minors said his clients plan to keep pursuing their case against the Elmo puppeteer despite their latest legal setback.
On Monday a New York judge barred the charges against Clash due to the statue of limitations.
"The statute of limitations is an arbitrary timeline that silences victims," Jeff Herman said in a statement to TheWrap.
"We believe that the victims in this case are within the statute of limitations, but this ruling highlights the need for a window in New York to allow victims to have their day in court."
"This is the first battle," he continued. "We plan to appeal the decision and continue the fight to be a voice for victims."
The unnamed John Doe, who said Clash sexually abused him in the mid-'90s, filed his suit last November. He joined Cecil Singleton, who said the Elmo puppeteer sexually abused him in 2003; and Kevin Kiadii, who said their affair occurred in 2004.
Clash's attorneys were able to persuade the judge to dismiss the charges due to the statute of limitations in New York state, which dictate that a lawsuit be filed within six years of the event in question or three years after the plaintiff turns age 21.
While Clash is considered free of the charges, the court allows for an appeal by the plaintiffs.
One accuser, who originally claimed that he began having sex with Clash in 2009, dropped his complaint in April.
There is still one other lawsuit against Clash that alleges sexual abuse. Sheldon Stephens, 24, filed in Pennsylvania district court. In that state, victims have until they turn 30 to file a sexual abuse claim under Pennsylvania's statute of limitations.
Clash resigned from Sesame Workshop last November, after the second accuser filed suit against him.
Despite the controversy, Clash won three Daytime Creative Arts Emmys earlier this month.
To read the decision, click on the image below:
Pamela Chelin contributed to this report.