UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN FREEDOM DEFENSE
INITIATIVE, et. al.,
Plaintiffs,
v. Civil Action No. 15-1038 (GK)
WMATA, et. al. ,
Defendants.
MEMORANDUM OPINION
Plaintiffs, American Freedom Defense Initiative, Pamela
Geller and Robert Spencer, (collectively, "Plaintiffs," or
"AFDI") , bring this action against the Washington Metropolitan
Area Transit Authority, et. al., (collectively, "Defendants," or
"WMATA"), alleging violations 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 "issue-
oriented" advertising. WMATA then rejected Plaintiffs' ad under
the new policy. Plaintiffs claim that WMATA's denial is a prior
restraint on Plaintiffs' speech in violation of their First
Amendment rights.
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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. No. 1] . Plaintiff
Pamela Geller is the President of AFDI. Id. CJ[ 10. Plaintiff Robert
Spencer is the Vice President of AFDI. Id. CJ[ 11. AFDI is dedicated
to promoting and protecting the right to freedom of speech under
the First Amendment. Plaintiffs' Statement of Material Facts CJICJI 3-
4 ( "Pls.' SMF") [ Dkt. No. 20-1] . 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 compact to provide public
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transportation in the Washington, D.C. metropolitan area. See D.C.
Code § 9-1107.01(80). WMATA operates the Metrorail and Metrobus
systems in the Washington, D. C. metropolitan area. Defendants'
Motion for Summary Judgment at 3 ("Mot.") [Dkt. No. 19-1].
WMATA leases advertising space on its buses and on free-
standing dioramas in its subway stations. Pls.' SMF err 9. Before
May 28, 2015, "WMATA had a policy of accepting a broad range of
issue-oriented ads." Mot. at 5. WMATA leased advertising space for
issue-oriented and political advertisements under its earlier
policy. Id. errerr 29-30; Defendant's Reply to Plaintiff's Statement
of Material Facts <[[<[[ 29-30 (Defs.' Rep. to Pls.' SMF") [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.
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Id.