Thread: A federal judge in DC just heard arguments on the ACLU's emergency motion to force the DC transit system (WMATA) to run ads for its upcoming conference. Here's what went down:
The case is about an issue that has landed WMATA in court before: How the transit agency enforces its policy prohibiting ads that are issue-oriented, including political, advocacy, or religious messages
WMATA says the ACLU's ads for its upcoming conference violate the policy because although the ads don't explicitly advocate for a particular issue, the conference itself is all about advocacy
Judge didn't rule today, but is expected to rule soon — ACLU asked for emergency action because the conference is taking place in a few weeks. Whoever loses is expected to immediately appeal, so this will move quickly
ACLU argues WMATA is applying its ad policy in an inconsistent way, making the denial of the ACLU's ad buy here arbitrary and capricious. ACLU lawyer today pointed to examples of groups that were allowed to run ads but would seem to run into the same issues as the ACLU
Examples listed by the ACLU's lawyer of groups that prev. ran ads: Salvation Army, which has a religious mission; UDC law school, which is a public interest law school; and Lockheed Martin, which lobbies the federal government
WMATA lawyer argued these situations were different b/c the ACLU's conference is rooted in advocacy. The other ads cited by the ACLU weren't issue-oriented in the same way, WMATA's lawyer argued. WMATA lawyer wouldn't answer hypo about whether the ACLU could ever run an ad
The judge made clear that she had problems with how WMATA seemed to be enforcing its ad policy. Said she was "hard pressed" to find a clear principle in WMATA's application of its guidelines, and that it seemed "random"
If WMATA was trying to avoid offending, it would have a hard time doing that here, Judge Tanya Chutkan said. "Everybody is offended about something" in DC, she said. (Chutkan prev. sided with WMATA in denying ads for Milo Yiannopoulos' book)
All I've got for now, stay tuned.
All I've got for now, stay tuned.
Just in: DC federal judge won't force WMATA to run ads for the ACLU's upcoming conference, denying injunction request assets.documentcloud.org/documents/4489… 
Judge found that because the ACLU's conference is "an event that constitutes political advocacy and includes a website detailing that advocacy," WMATA reasonably concluded the ad for the conference violated the no-advocacy rules
Update: The ACLU says it won't appeal today's ruling denying the org's request for an order forcing WMATA to run ads for its upcoming conference. From ACLU-DC legal director Arthur Spitzer:
