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WMATA sued by Archdiocese over rejected Christmas ads


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#1 CNJRoss

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Posted 29 November 2017 - 10:19 AM

WTOP radio 11/28/17:

 

Archdiocese sues Metro over rejected Christmas ads

 

 

WASHINGTON — The Archdiocese of Washington is suing Metro after the transit agency rejected its Christmas season ads that urge worshippers to “Find the Perfect Gift.”

 

The lawsuit, filed Tuesday and signed by former Solicitor General Paul Clement, claims the ad “conveys a simple message of hope, and an invitation to participate in the Christmas season,” the archdiocese said in a statement.

 

According to the church’s lawsuit, Metro denied these ads through a lawyer because it “depicts a religious scene and thus seeks to promote religion.”

 

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#2 CNJRoss

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Posted 29 November 2017 - 10:23 AM

WTOP Commentary by Chris Core, 11/28/17:

Core Values: The battle between Metro and the church

 

WASHINGTON — Both sides are being silly, and they should find a common-sense solution:

 

Metro and the Church

 



#3 CNJRoss

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Posted 29 November 2017 - 11:41 AM

Archdiocese of Washington news release:

Archdiocese of Washington Challenges Metro System’s Advertising Guidelines

 

17FTPG-Metro-Bus-back-1024x299.png

 

 

WASHINGTON, D.C. – Today (November 28, 2017) the Archdiocese of Washington filed a legal action in federal court challenging the Washington Metropolitan Area Transit Authority’s (WMATA) advertising guidelines and sought injunctive relief after WMATA rejected the advertisement (above) promoting the archdiocese’s annual “Find the Perfect Gift” initiative.

 

“The rejected ad conveys a simple message of hope, and an invitation to participate in the Christmas season. Yet citing its guidelines, WMATA’s legal counsel said the ad ‘depicts a religious scene and thus seeks to promote religion,’” said Ed McFadden, Secretary for Communications for the Archdiocese of Washington. “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.”

 

“We believe rejection of this ad to be a clear violation of fundamental free speech and a limitation on the exercise of our faith,” said Kim Fiorentino, the Archdiocese of Washington’s Chancellor and General Counsel. “We look forward to presenting our case to affirm the right of all to express such viewpoints in the public square.”

 

“As the papers filed in Court today make clear, WMATA’s rejection of the Archdiocese’s speech amounts to a violation of the First Amendment, plain and simple. We are bringing this complaint to vindicate the basic principle that the government may not allow a wide variety of speech in a forum and then turn around and deny the Archdiocese access because of the religious nature of its speech,” said Paul Clement of Kirkland & Ellis LLP, who is serving as counsel to the Archdiocese in this case.

 

“Our ad was designed to be placed on metro bus exteriors to reach the broadest audience and to invite everyone to experience the well-accepted joyful spirit of the season, or to share their many blessings with others less fortunate through service opportunities. The Archdiocese wishes to encourage our society to help feed, clothe, and care for our most vulnerable neighbors, and to share our blessings, and welcome all who wish to hear the Good News,” said Susan Timoney, Secretary for Pastoral Ministry and Social Concerns for the Archdiocese.

 

Links to filings:

 



#4 CNJRoss

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Posted 10 December 2017 - 07:19 AM

WTOP radio, 12/9/17:
 

Archdiocese denied in effort to force Metro to post Christmas ads

 

 

WASHINGTON — Metro does not have to post Christmas ads from the Catholic Archdiocese of Washington, a federal judge ruled late Friday.

 

Metro had rejected the ads based on 2015 policies that ban ads “that promote or oppose any religion, religious practice or belief,” a ban the archdiocese asked U.S. District Judge Amy Berman Jackson in a lawsuit filed Nov. 28 to find unconstitutional or illegal.

 

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#5 CNJRoss

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Posted 16 December 2017 - 02:35 PM

WJLA-TV Washington, DC 12/12/17:
 

Archdiocese of Washington appealing judge's decision on Christmas-themed Metro ad

 

 

WASHINGTON (ABC7) — Archdiocese of Washington says they are appealing the decision of a federal judge not to force Metro to use their Christmas-themed ad.

 

On Friday, A federal judge ruled that Metro can choose not to run the ad because of its religious nature.

 

The Archdiocese said they appealed to the U.S. Court of Appeals for the D.C. Circuit on Sunday to have the decision overturned.

 

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#6 CNJRoss

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Posted 16 December 2017 - 02:37 PM

WTOP radio 12/16/17:
 

Expedited appeal ordered in suit over Catholic Christmas ads denied by Metro

 

 

WASHINGTON — A federal appeals court has ordered an expedited appeal in the Catholic Archdiocese of Washington’s attempt to force Metro to put Christmas-season ads evoking the Three Wise Men on the sides of buses across the region.

 

The ad was rejected by a panel of two Metro attorneys and a Metro marketing executive after they found the ads — that point to a website declaring “Jesus is the perfect gift” — clearly violated Metro’s stated ban on religion-related ads that has been in place since 2015. The church hopes to get that ban overturned.

 

The U.S. Court of Appeals for the District of Columbia Circuit ordered all briefs be submitted by noon Monday, which could allow for a decision early next week.

 

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#7 CNJRoss

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Posted 22 December 2017 - 10:15 AM

The Washington Post,​ 12/20/17:

Federal appeals court upholds Metro’s ban on Christmas-themed ad, at least for now

 

 

 

A federal appeals court on Wednesday denied a request from the Archdiocese of Washington to temporarily block a lower-court ruling that has kept its Christmas ads off the sides of Metro buses this holiday season.

 

In a four-page order, three judges for the U.S. Court of Appeals for the District of Columbia made a preliminary determination that Metro officials were well within their rights to prohibit the archdiocese’s proposed posters in accordance with the transit agency’s ban on ads that “promote . . . any religion, religious practice or belief.”

 

SNIP

 

The three-judge panel emphasized the “preliminary nature” of its findings and said the order does “not speak to the ultimate merits” of the broader challenge.

 

But it does mean that the Archdiocese will not be able to place its ads before Christmas. The court said oral argument in the case would be set sometime after mid-February.

 

 

More here.

 

US Court of Appeals for the District of Columbia order



#8 CNJRoss

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Posted 01 August 2018 - 07:26 PM

WTOP radio 7/31/18:
 

Appeals court sides with Metro over Catholic Archdiocese in religious ads lawsuit

 

 

WASHINGTON — An appeals court panel sided with Metro Tuesday over the Catholic Archdiocese of Washington in a lawsuit challenging the transit agency’s advertising policies.

 

The church had sought to force Metro to accept what the D.C. Circuit panel called an “avowedly religious ad,” and had requested that the court toss out key portions of Metro’s ban on issue-oriented ads.

 

The church’s ads contained images evoking the three wise men and a message to “find the perfect gift” in the Catholic church.

 

A lower court had rejected the request to force Metro to run the Christmas ads last fall.

 

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#9 CNJRoss

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Posted 06 April 2020 - 07:42 PM

The Hill 4/6/20
 

Supreme Court won't hear challenge to DC Metro ban on religious ads

 

 

The Supreme Court on Monday said it would not take up the Catholic church's challenge to the Washington, D.C., transit authority's policy banning religious ads, allowing the policy to remain in place.

 

The Archdiocese of Washington had sued the Washington Metropolitan Area Transit Authority (WMATA) after the agency refused to run one of its Christmas ads, alleging that the policy violates the First Amendment.

 

The case appeared to be an attractive one for the court's conservative wing, but with Justice Brett Kavanaugh recusing himself from consideration of the case because he was involved as an appeals court judge, the faction lacked the necessary four votes to grant the Archdiocese's petition.

 

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