The court said anti-abortion protesters were likely discriminated against in 2020, because those drawing Black Lives Matter-related chalk art were not arrested.
“The government may not play favorites in a public forum—permitting some messages and prohibiting others. We conclude the [plaintiffs have] plausibly alleged the District’s selective enforcement of the defacement ordinance constituted viewpoint discrimination in a public forum in violation of the First Amendment,” the three-judge panel at the U.S. Court of Appeals for the District of Columbia Circuit wrote.
On Aug. 1, six police cars and many police officers were waiting. The officers said the advocates could assemble in accordance with the Foundation’s permit, but if they painted or chalked their message on the sidewalk, they would be arrested for violating the defacement ordinance. Two students began to chalk “Black Pre-Born Lives Matter” on the sidewalk anyway. Despite the message being written in small, faint letters with washable chalk, the two students were arrested.
Representatives for the District argued that attempting to arrest protesters during the Black Lives Matter protests would have drained “police resources and distract officers from other priorities, such as ensuring public safety and addressing widespread looting and property damage.”However, the appellate court said that what actually matters is that some individuals were arrested and some were not, even if both violated the defacement ordinance that summer.
Erin Hawley, vice president of the Alliance Defending Freedom, the conservative organization that brought the case, said she’s happy with the outcome, adding, “Every American deserves for their voice to be heard as they engage in important cultural and political issues of the day.”Look, I guess if the Supreme Court has deemed that money is speech, then sidewalk chalk art must be too.
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