Demonstrators sit with signs on the steps of the Lincoln Memorial. Photo: Diego M. Radzinschi/ALM 3rd Circ.: Port Authority Failed to Prove Ban of 'Black Lives Matter' Face Masks Was Constitutional
Once the Port Authority received its supply of masks, a new policy continued the restriction on "political or social protest" masks and added a section detailing which masks may be worn.
July 01, 2022 at 02:51 PM
4 minute read
What You Need to Know
- The Third Circuit upheld a preliminary injunction ordered by the district court rescinding a disciplinary action against employees of the Port Authority.
- The employees wore 'Black Lives Matter' facemasks in violation of policy.
- Judge Porter found the Port Authority failed to meet the constitutional burden under the First Amendment rights of the employees
The U.S. Court of Appeals for the Third Circuit found that disciplinary action imposed by the Allegheny County Port Authority on three employees for wearing "Black Lives Matter" face masks at work does not survive constitutional scrutiny.
Since April 2020, the Port Authority has required employee to wear masks at work, according to the June 29 opinion. When employees began wearing masks that displayed political statements or social protest messages, the Port Authority prohibited them, citing their potential to disrupt the workplace. Three employees, Sasha Craig, Monika Wheeler and James Hanna, were disciplined for violating the policy.
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