U.S. District Judge Ellen Hollander ruled late Tuesday that St. Michael’s Media Inc., also known as Church Militant, is likely to succeed on its claims that the city discriminated against it on the basis of its political views and violated its First Amendment free speech rights.
The judge’s order says city officials can’t prohibit the pavilion’s manager from contracting with Michigan-based St Michael’s Media to use the venue for a rally and conference it plans to hold on Nov. 16.
But the judge refused to set any court-ordered contractual terms for a rally. Hollander’s order said she “anticipates good faith negotiations, but expresses no opinion on the terms of a contract.”
The waterfront pavilion is across from a hotel where the U.S. Conference of Catholic Bishops is scheduled to hold its national meeting Nov. 15 to Nov. 18. St. Michael’s said it deliberately picked the date and location for its rally to coincide with the bishops’ meeting. The group also said it held a peaceful, city-permitted rally at the same site during the bishops’ national meeting in 2018.
An advertisement for the planned rally has touted speeches by former Donald Trump chief strategist Steve Bannon and Milo Yiannopoulos.
The city says the gathering poses a threat to public safety, arguing the group cheered on rioters who stormed the U.S. Capitol in January. The city also said Yiannopoulos’ speaking engagements attract counterprotesters and have led to violence and property damage, while Bannon “regularly calls for violence against government officials."
But the judge said the city “has presented somewhat shifting justifications for its actions, with little evidence to show that the decision was premised on these justifications.” The city seems to have based its decision on the “anticipated reaction” of counterprotesters possibly leading to violence at the rally, Hollander noted.
“The City’s invocation of a heckler’s veto also raises serious concerns that its decision was motivated by viewpoint discrimination,” she wrote. “The City cannot conjure up hypothetical hecklers and then grant them veto power."
The judge also questioned the relevance of the city's claims about St. Michael's Media's reaction to the Capitol riot.
“This is underscored by the fact that the City never accuses St. Michael’s of actual involvement in the events of January 6, 2021. Rather, it is critical of plaintiff for its coverage and support of the occurrence,” Hollander wrote.
Two attorneys for the city didn't immediately respond to an email seeking comment on the judge's 86-page decision.
Marc Randazza, a lawyer for St. Michael's Media, said he has no doubt that the rally will go forward as planned now that the judge has ruled in the group's favor.