Kirkland's Clement Leads Archdiocese Lawsuit Against DC Transit Over Christmas Ads
The former solicitor general represents the Washington Archdiocese in the First Amendment lawsuit.
November 28, 2017 at 07:25 PM
3 minute read
Kirkland & Ellis partner Paul Clement filed a lawsuit Tuesday against the Washington, D.C., public transportation system challenging its refusal to allow the Archdiocese of Washington to purchase and run a Christmas advertisement.
The lawsuit was filed against the Washington Metropolitan Area Transit Authority, regionally known as Metro, and its general manager, Paul Wiedefeld, in the U.S. District Court for the District of Columbia. The complaint alleges that by denying the archdiocese's request to purchase advertising space on public buses, Metro is violating its First Amendment rights.
“The First Amendment, with its guarantees of free speech and the free exercise of religion, prevents the government from denying speech on the unreasonable, arbitrary and discriminatory grounds put forward by WMATA,” Clement, the former solicitor general, wrote in the complaint.
Sherri Ly, a spokeswoman for WMATA, said the ad was declined “because it is prohibited by WMATA's current advertising guidelines.” The transportation system is represented by Rex Heinke and Tony Pierce of Akin Gump Strauss Hauer & Feld.
It's not the first time Metro has been sued over its advertising policy. The American Civil Liberties Union teamed up with conservative commentator Milo Yiannopoulos to sue the system on similar grounds in August over refusing to accept ads for his book. The case is still pending, but Metro argues that a 2015 change to its advertising rules prohibits any issue-oriented ads, including political, religious and advocacy ads.
The ad in question in the archdiocese's lawsuit relates to the group's “Find the Perfect Gift” advertising campaign, the goal of which is to “encourage individuals to seek spiritual gifts during this Christmas season,” the complaint said. The ads generally feature a starry night with silhouettes of shepherds and sheep on a hill, and a referral to the internet website FindThePerfectGift.org.
The complaint said that when the archdiocese inquired about purchasing ad space, a representative of WMATA's third-party vendor that handles ads said the campaign would not be in compliance with Metro's rules. The complaint also alleges WMATA ignored requests from the archdiocese to meet with Metro's general counsel.
The lawsuit claims there are no formal regulations or guidance on what speech is forbidden under Metro's rules. Because the discretion on what ads are banned is left to WMATA and its general manager, the lawsuit claims, the ban is applied in a way that is “arbitrary and unreasonable.”
“To borrow from a favorite Christmas story, under WMATA's guidelines, if the ads are about packages, boxes or bags … if Christmas comes from a store … then it seems WMATA approves. But if Christmas means a little bit more, WMATA plays Grinch,” the archdiocese's secretary for communications, Ed McFadden, said in a statement.
Other Kirkland lawyers on Clement's team include Mike Williams, Megan Wold, Kasdin Mitchell and Joseph Schroeder.
Correction: This story has been updated to correct the names of the Akin Gump attorneys representing WMATA.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
'New Circumstances': Winston & Strawn Seek Expedited Relief in NASCAR Antitrust Lawsuit
3 minute read
5th Circuit Rules Open-Source Code Is Not Property in Tornado Cash Appeal
5 minute read
DOJ Asks 5th Circuit to Publish Opinion Upholding Gun Ban for Felon
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
