AMERICAN FREEDOM DEFENSE INITIATIVE et al v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY et al
MEMORANDUM OPINION to the Order on the Motion and Cross-Motion for Summary Judgment. Signed by Judge Gladys Kessler on 3/28/17. (CL)
Case 1:15-cv-01038-GK Document 31 Filed 03/28/17 Page 1 of 17
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN FREEDOM DEFENSE
Civil Action No. 15-1038 (GK)
WMATA, et. al. ,
action against the Washington Metropolitan
Area Transit Authority, et. al.,
of their First Amendment
This dispute arose when Plaintiffs submitted an ad to WMATA to
display on its property. After Plaintiffs submitted the ad, WMATA
changed its policy to close its advertising space to all "issueoriented" advertising.
the new policy.
WMATA then rejected Plaintiffs'
Plaintiffs claim that WMATA's denial is a prior
Case 1:15-cv-01038-GK Document 31 Filed 03/28/17 Page 2 of 17
This matter is before the Court on the Parties' Cross-Motions
for Summary Judgment [Dkt. Nos. 19, 20]. Upon consideration of the
25, 29], and the entire record herein, and for the reasons stated
Plaintiffs' Motion for Summary Judgment is denied.
A. Factual Background
Plaintiff AFDI is a nonprofit organization incorporated under
the laws of New Hampshire.
Pamela Geller is the President of AFDI. Id.
Spencer is the Vice President of AFDI. Id.
10. Plaintiff Robert
11. AFDI is dedicated
to promoting and protecting the right to freedom of speech under
the First Amendment. Plaintiffs' Statement of Material Facts
Plaintiffs frequently purchase
advertising space on transit authority property in major cities
throughout the United States to run ads promoting its message on
current events and political issues. Pls.' SMF
have also frequently litigated transit authorities'
WMATA is a government agency that was established through a
Case 1:15-cv-01038-GK Document 31 Filed 03/28/17 Page 3 of 17
transportation in the Washington, D.C. metropolitan area. See D.C.
WMATA operates the Metrorail and Metrobus
in the Washington,
D. C. metropolitan area.
Motion for Summary Judgment at 3 ("Mot.")
[Dkt. No. 19-1].
space on its
standing dioramas in its subway stations.
"WMATA had a policy of accepting a broad range of
issue-oriented ads." Mot. at 5. WMATA leased advertising space for
29-30; Defendant's Reply to Plaintiff's Statement
of Material Facts
(Defs.' Rep. to Pls.' SMF")
On or about May 20,
Plaintiffs submitted two proposed
ads to WMATA's advertising agent for display on WMATA's buses and
free-standing dioramas. Pls.' SMF
23. The proposed ads appear as
Case 1:15-cv-01038-GK Document 31 Filed 03/28/17 Page 4 of 17
.................... ,.,_ .......
. . . ............ .,_,,. _...,.._....
"Tillll!tl.•..-rllMlilllltf1•-......- .. ~..,.........,....~.,..~
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?