AMERICAN FREEDOM DEFENSE INITIATIVE et al v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY et al
Filing
31
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
INITIATIVE,
et. al.,
Plaintiffs,
Civil Action No. 15-1038 (GK)
v.
WMATA, et. al. ,
Defendants.
MEMORANDUM OPINION
Plaintiffs,
Geller
and
"AFDI") ,
American
Robert
bring this
Freedom
Spencer,
Initiative,
(collectively,
Pamela
"Plaintiffs,"
or
action against the Washington Metropolitan
Area Transit Authority, et. al.,
"WMATA"),
Defense
alleging violations
(collectively,
"Defendants," or
of their First Amendment
rights.
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.
restraint
on
WMATA then rejected Plaintiffs'
ad under
Plaintiffs claim that WMATA's denial is a prior
Plaintiffs'
speech
Amendment rights.
1
in
violation
of
their
First
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
Motions,
Oppositions
[Dkt.
Nos.
20,
25],
and Replies
[Dkt.
Nos.
25, 29], and the entire record herein, and for the reasons stated
below,
Defendants'
Motion for
Summary Judgment
is granted,
and
Plaintiffs' Motion for Summary Judgment is denied.
I .
BACKGROUND
A. Factual Background
Plaintiff AFDI is a nonprofit organization incorporated under
the laws of New Hampshire.
Compl.
CJ[
7
[ Dkt.
Pamela Geller is the President of AFDI. Id.
Spencer is the Vice President of AFDI. Id.
1] .
Plaintiff
10. Plaintiff Robert
CJ[
CJ[
No.
11. AFDI is dedicated
to promoting and protecting the right to freedom of speech under
the First Amendment. Plaintiffs' Statement of Material Facts
4
( "Pls.'
SMF")
[ Dkt.
No.
20-1] .
CJICJI
3-
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
C)[CJI
5-6. Plaintiffs
have also frequently litigated transit authorities'
rejection of
those ads.
WMATA is a government agency that was established through a
congressionally
approved
interstate
2
compact
to
provide
public
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.
Code
§
systems
9-1107.01(80).
WMATA operates the Metrorail and Metrobus
in the Washington,
D. C. metropolitan area.
Motion for Summary Judgment at 3 ("Mot.")
WMATA leases
advertising
May 28,
2015,
[Dkt. No. 19-1].
space on its
standing dioramas in its subway stations.
Defendants'
buses
Pls.'
and on
SMF
err
9.
freeBefore
"WMATA had a policy of accepting a broad range of
issue-oriented ads." Mot. at 5. WMATA leased advertising space for
issue-oriented
and
policy.
29-30; Defendant's Reply to Plaintiff's Statement
Id.
errerr
of Material Facts
<[[<[[
political
29-30
advertisements
under
its
(Defs.' Rep. to Pls.' SMF")
earlier
[Dkt. No.
25-1].
On or about May 20,
2015,
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
follows:
CH
Id.
err
24.
3
Case 1:15-cv-01038-GK Document 31 Filed 03/28/17 Page 4 of 17
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. . . ............ .,_,,. _...,.._....
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Id.
On
25.
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