American Freedom Defense Initiative v. Washington Metropolitan Area Transit Authority

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. 1 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 2 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. 3 .................... ,.,_ ....... . . . ............ .,_,,. _...,.._.... "Tillll!tl.•..-rllMlilllltf1•-......- .. ~..,.........,....~.,..~ tlillt~-- Id.