NASHVILLE, Tenn. -- A Nashville judge will not stop the January vote that could declare English Nashville's only official language, but the controversial issue has still not been decided once and for all.

Video: Judge Refuses To Stop English-First Referendum

"I'm glad it's over, at least for today," said Metro Councilman Eric Crafton.

Wednesday evening, Chancellor Claudia Bonnyman refused to stop a January election for which Crafton fought for months -- an election in which voters will decide if all Metro business must be conducted in English only.

Attorney David Randolph Smith filed suit on behalf of Rosa Quinteros, a Honduran immigrant. Quinteros is learning English and wants to understand what her son's teachers are saying. If the new law is passed, they could not talk to her in any language except English.

"Yes, of course I'm disappointed, but we are confident that our view of the law is right," Smith said. "The law would prohibit non-English speaking people from speaking to their government or being spoken to. And that we perceived as a present, direct and threatened harm."

Smith asked for an injunction to stop the vote from taking place, saying it's unconstitutional. But Bonnyman said that can't be decided until after the election, adding that "the court takes no pleasure in dismissing the case."

"As I stated at the beginning of this, that we would not give up until people had a chance to vote on this, and hopefully this will be the last of it," Crafton said. "I know people are probably tired of hearing about it. I'm tired of having to fight."

The fight is not over yet: Smith said he plans to appeal.

Any appeal would have to be heard quickly, as the election is Jan. 22. Early voting begins Jan. 2.

The Election Commission estimates the special election will cost $300,000.