On behalf of WallBuilders, the right-leaning history organization, the American Civil Liberties Union, the ACLU of the District of Columbia, First Liberty Institute, and the law firm of Steptoe, LLP, are asking the United States District Court for the District of Columbia to strike down the Washington Metropolitan Area Transit Authority advertising restrictions on issue and religious ads as violations of the First Amendment.
"Our client, WallBuilders, talks about America's religious history, and they wanted to advertise in D.C. about the religious background of the founders of our nation," First Liberty attorney Jeremy Dys told AFN. "So, they submitted an ad that had 'Christian?' overlaid of Washington praying outside of Valley Forge, and another one of the famous painting of the Constitution being presented to Congress. In both of those instances, the ads were rejected."
When attorneys began reviewing information in the case, Dys said it seemed as though WMATA did not know how to apply its own policy. For example, Dys said that there are “all kinds of ads out there," including an ad for a local Planned Parenthood clinic.
"That certainly has issues on their website that would have different opinions in the public, and yet somehow those ads are allowed to be on the sides of a bus, but our ads, our clients' ads are not," said Dys.
So the court is being asked by Dys and its client to enter a final judgement, in favor of WallBuilders, that states the policy violates the free exercise clause of the First Amendment.
Other cases in which First Liberty has been involved featured the ACLU on the opposing side of the argument.
In this case, the legal groups are not only in agreement on this issue, but they are co-counsels representing WallBuilders in this case.
"Americans from every walk of life,” Dys said, “would support the notion that the government cannot simply pick winners and losers when it comes to speech and messages that Americans want to promote.”
