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.

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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:

Id. err 24.

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Id.