American Freedom Defense Initiative et al v. Suburban Mobility Authority For Regional Transportation (SMART) et al

Filing 58

MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1--Declaration of Robert Spencer, # 3 Exhibit 2--Declaration of Pamela Geller, # 4 Exhibit 3--Declaration of Robert J. Muise, # 5 Exhibit 4--SMART deposition excerpts, # 6 Exhibit 5--SMART deposition exhibits, # 7 Exhibit 6--Beth Gibbons deposition excerpts, # 8 Exhibit 7--Pamela Geller deposition excerpts, # 9 Exhibit 8--Pamela Geller deposition exhibits, # 10 Exhibit 9--Elizabeth Dryden deposition excerpts) (Muise, Robert)

EXHIBIT 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
AMERICAN FREEDOM DEFENSE
INITIATIVE; et al.,

No. 2:10-cv-12134-DPH-MJH
DECLARATION OF
PAMELA GELLER

Plaintiffs,
v.
SUBURBAN MOBILITY AUTHORITY
for REGIONAL TRANSPORTATION
(“SMART”), et al.,

Hon. Denise Page Hood
Magistrate Judge Hluchaniuk

Defendants.
AMERICAN FREEDOM LAW CENTER
Robert J. Muise, Esq. (P62849)
P.O. Box 131098
Ann Arbor, MI 48113
[e-mail]
[phone]
David Yerushalmi, Esq.
1901 Pennsylvania Avenue NW
Suite 201
Washington, D.C. 20006
[e-mail]
[phone]

SMART
Avery E. Gordon, Esq. (P41194)
Anthony Chubb, Esq. (P72608)
535 Griswold Street, Suite 600
Detroit, MI 48226
[e-mail]
[e-mail]
[phone]
Fax: [phone]
VANDEVEER GARZIA, P.C.
John J. Lynch (P16887)
Christian E. Hildebrandt (P46989)
1450 W. Long Lake Road,
Suite 100
Troy, MI 48098
[e-mail]
[e-mail]
[phone]
Fax: [phone]

THOMAS MORE LAW CENTER
Erin Mersino, Esq. (P70866)
24 Frank Lloyd Wright Dr.
P.O. Box 393
Ann Arbor, MI 48106
[e-mail]
[phone]

Counsel for Defendants
Counsel for Plaintiffs

______________________________________________________________________________

1

I, Pamela Geller, make this declaration pursuant to 28 U.S.C. § 1746 and
based on my personal knowledge.
1.

I am an adult citizen of the United States and a plaintiff in this case.

2.

I, along with Robert Spencer, who is also a plaintiff in this case, co-

founded the American Freedom Defense Initiative (“AFDI”). I am currently the
Executive Director of AFDI, and Mr. Spencer is the Associate Director.
3.

AFDI is a nonprofit organization that is incorporated under the laws

of the State of New Hampshire. AFDI is also a plaintiff in this case.
4.

Mr. Spencer and I engage in free speech activity through various

projects of AFDI.

One such project is the posting of advertisements on the

advertising space of various government transportation agencies throughout the
United States, including the Suburban Mobility Authority for Regional
Transportation (“SMART”), which operates buses in the Detroit, Michigan area.
5.

AFDI’s “Leaving Islam” advertisement, which has been identified as

Exhibit 2 to the SMART deposition and Exhibit SS to my deposition, expresses a
critically important public service message.

The advertisement provides

information to those who seek refuge from a potentially dangerous situation:
leaving Islam. For young girls and women in particular who desire religious
freedom and equality, leaving Islam can be life threatening.

In short, this

advertisement offers help for these women similar to the help that might be offered
2

by an advertisement for a battered women’s shelter or other such program designed
to help victims of domestic abuse and violence.
6.

The “Leaving Islam” advertisement has run on transit authority buses

in Miami, New York, and San Francisco.
7.

On or about May 12, 2010, we (Mr. Spencer, AFDI, and I) submitted

the “Leaving Islam” advertisement to SMART. We subsequently entered into a
contract through SMART’s advertising agent, CBS Outdoor, to run the
advertisement on SMART’s buses.
8.

On or about May 24, 2010, Mr. Robert Hawkins, the CBS Outdoor

agent with whom I was working, informed me that SMART refused to run the
advertisement. Mr. Hawkins suggested I contact Beth Gibbons of SMART, who
was his primary contact there, and he provided me with Ms. Gibbons’ email
address. I immediately emailed Ms. Gibbons and asked her: “What was it about
the ad that was ‘not approved’ and what would have to be changed? Please let me
know so we can get this campaign on the road.”
9.

I heard nothing from Ms. Gibbons or from any other SMART

representative. The only information that I received from SMART, as relayed to
me through Mr. Hawkins, was that SMART rejected the advertisement.

3

I declare (or certify, verify, or state) under penalty of perjury that the
foregoing is true and correct.
Executed on the 14th day of August, 2013.

_______________________
Pamela Geller

4