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

Filing 8

MOTION for Preliminary Injunction /TRO by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Declaration of Pamela Geller, # 3 Exhibit A Certificate of Incorporation for FDI, # 4 Exhibit B FDI Religious Freedom Message, # 5 Exhibit C CBS-FDI Agreement-Miami, # 6 Exhibit D CBS-FDI Agreement-NYC, # 7 Exhibit E CBS-FDI Agreement-Detroit, # 8 Exhibit F Email thread--DDOT rejection, # 9 Exhibit G Atheist Bus Advertisement, # 10 Exhibit H SMART "Advertising Guidelines" and "Policies and Regulations", # 11 Exhibit I Email thread--SMART request, # 12 Exhibit J Email thread--SMART rejection) (Muise, Robert)

EXHIBIT F

From: [e-mail] [mailto:[e-mail]] Sent: Wednesday, May 12, 2010 5:09 PM To: [e-mail] Cc: [e-mail] Subject: Re: Bus ads (FDI Initiative) Natalie, What decision? Why? Based on what? What is wrong with the ad? They are running in other cities, I will be happy to work with you on this. But no one has explained the problem. What policy have I violated? Detroit is an important city for us. Yours, Pamela _________________________________________________________________ In a message dated 5/12/2010 5:01:16 P.M. Eastern Daylight Time, [e-mail] writes: Unfortunately, I have no further details to provide and the decision remains unchanged. Thank you for your interest in advertising on DDOT buses and please consider DDOT for your future advertising needs. _________________________________________________________________ >>> <[e-mail] [Pamela Geller]> 5/12/2010 10:46 AM writes: Natalie, I am assuming we are going ahead then? Please advise Robert --thank you Yours, Pamela _________________________________________________________________ In a message dated 5/10/2010 5:26:03 P.M. Eastern Daylight Time, [e-mail] writes: Yes, I have received your messages. I apologize for the delay in responding, I should have an answer by Tuesday. Thanks

>>> <[e-mail] [Pamela Geller]> 5/10/2010 5:01 PM writes: Natalie, I am not sure if you received this. Please let me know how to move forward. Thank you, Pamela

_________________________________________________________________

From: Pamela Geller To: [e-mail] CC: [e-mail] Sent: 5/7/2010 1:23:26 P.M. Eastern Daylight Time Subj: Re: Bus ads (FDI Initiative)

Natalie, Can you explain what the problem is exactly? Is there something I could do to get you to reconsider? No one will tell us why the ad won't run. This is a valuable public service to people (mostly women) in need. Can you help me get this rejection reversed? if so, how? Thank you, Pamela FDI _________________________________________________________________ In a message dated 5/7/2010 12:28:30 P.M. Eastern Daylight Time, [e-mail] writes:

Hello Pamela, The project manager for DDOT who is my primary contact name is Natalie Starks. I have copied Natalie in this email message and you can send an email for her to that address or contact her directly at 313 833-0161. Robert B. Hawkins Sales Manager, Displays Division CBS Outdoor 88 Custer Ave. Detroit, MI 48202 [phone] (ph) / [phone] (fax)

_________________________________________________________________ From: Pamela Geller [mailto:[e-mail]] Sent: Friday, May 07, 2010 10:37 AM To: Hawkins, Robert B Subject: Fwd: Bus ads (FDI Initiative) Robert, Thank you. When the directory of the DDOT reinforced the manager's decision, what was it based on? What exactly is the decision? What did our ad violate? Can you furnish me the director's email address or that of her manager and I will inquire directly?

Thank you, Pamela Geller

_________________________________________________________________ From: [e-mail] To: [e-mail] Sent: 5/7/2010 9:57:36 A.M. Eastern Daylight Time

Subj: RE: Bus ads (FDI Initiative)

Hello Pamela, The transit authority declined to run the ad which is in their contractual authority, I asked for clarity and the director of DDOT reinforced her manager's original decision. When I spoke to Robert yesterday he indicated that he was going to send a document that another transit authority provided that expressed their willingness to run the ad which I indicated that I would pass along. Although even with the document there is nothing that will guarantee that they will run your message. In the end if we can not get their approval the contract that was signed will become null and if a credit card payment has been made it will be credited back to the account. Robert B. Hawkins Sales Manager, Displays Division CBS Outdoor 88 Custer Ave. Detroit, MI 48202 [phone] (ph) / [phone] (fax)

_________________________________________________________________ From: Pamela Geller [mailto:[e-mail]] Sent: Thursday, May 06, 2010 10:26 PM To: Hawkins, Robert B Subject: Fwd: Bus ads

Robert, Can you explain what the problem is exactly? Why the delay?

Thank you, Pamela Geller _________________________________________________________________ From: "Hawkins, Robert B" <[e-mail]> Date: Thu, 6 May 2010 12:30:51 -0400 To: Robert Spencer<[e-mail]> Subject: Bus ads Hello Robert, I tried contacting you at [phone] and apparently had the wrong number. Please give me a call when you have a moment regarding you Detroit bus program. There may be a problem with running the copy that you submitted. Thanks, Robert B. Hawkins Sales Manager, Displays Division CBS Outdoor

88 Custer Ave. Detroit, MI 48202 [phone] (ph) / [phone] (fax) This message has been scanned for malware by SurfControl plc. www.surfcontrol.com