PETA, Inc. v. Shore Transit
Summary
On August 17, 2021, the 老澳门开奖结果 and Cockey, Brennan & Maloney, P.C. filed a lawsuit on behalf of People for the Ethical Treatment of Animals (PETA) against the Tri-County Council for the Lower Eastern Shore of Maryland and its public transit division, Shore Transit.
The case is a First and Fourteenth Amendment challenge to Shore Transit鈥檚 policy prohibiting advertisements that are 鈥減olitical,鈥 鈥渃ontroversial,鈥 鈥渙bjectionable,鈥 or 鈥渋n poor taste.鈥
In May 2020, PETA submitted two proposed advertisements calling for the closure of slaughterhouses along Maryland鈥檚 Eastern Shore. Shore Transit rejected the advertisements, stating that they were 鈥渢oo offensive鈥 for the transit system鈥檚 advertising market and 鈥減olitical in nature,鈥 in violation of Shore Transit鈥檚 advertising policy.
The complaint alleges that Shore Transit鈥檚 policy violates the First and Fourteenth Amendments because it is incapable of reasoned application by Shore Transit鈥檚 officials, viewpoint discriminatory against speech that Shore Transit deems offensive, and inherently vague. It also alleges that Shore Transit applied the policy in a viewpoint discriminatory manner to censor PETA鈥檚 advertisements because of their message. The lawsuit seeks a court order invalidating Shore Transit鈥檚 unconstitutional policy and requiring the agency to accept and run PETA鈥檚 ads on Shore Transit鈥檚 system.
On January 17, 2021, the district court issued an order denying Defendants鈥 motion to dismiss the case. According to the court, the complaint plausibly alleges that 鈥渢he criteria contained in Defendants鈥 policy are insufficient to ensure principled, consistent application鈥; that the policy鈥檚 prohibition against advertisements are 鈥渃ontroversial, offensive, objectionable, or in poor taste鈥 discriminates against viewpoints that Shore Transit deems offensive; 鈥渢hat PETA鈥檚 advertisements were indeed rejected for viewpoint discriminatory reasons鈥; and that 鈥淒efendants鈥 prohibitions are vague.鈥
Legal Documents
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08/17/2021
Complaint -
08/17/2021
Plaintiff's Memorandum in Support of Motion for Preliminary Injunction -
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Attachment 1 - Briana Vazquez Declaration -
Exhibit A - Shore Transit Correspondence -
Exhibit B - PETA Letter -
Exhibit C - PETA Correspondence -
Attachment 2 - Robin R. Cockey Declaration -
Exhibit A - PETA Maryland Public Information Act (MPIA) Request -
Exhibit B - Tri-County Counsel Response to PETA MPIA Request -
Exhibit C - Reproduced PETA Ads -
Exhibit D - Vector Media Contract & Maryland Locally Operated Transit System Manual -
Exhibit E - TCC Executive Board Meeting Minutes -
Exhibit F - Vector Media Advertising Reports
PETA, Inc. v. Shore TransitLegal DocumentsAttachment 1 - Briana Vazquez DeclarationCourt: District Court (D. Md.)
PETA, Inc. v. Shore TransitLegal DocumentsExhibit A - Shore Transit CorrespondenceCourt: District Court (D. Md.)
PETA, Inc. v. Shore TransitLegal DocumentsExhibit C - PETA CorrespondenceCourt: District Court (D. Md.)
PETA, Inc. v. Shore TransitLegal DocumentsAttachment 2 - Robin R. Cockey DeclarationCourt: District Court (D. Md.)
PETA, Inc. v. Shore TransitLegal DocumentsExhibit A - PETA Maryland Public Information Act (MPIA) RequestCourt: District Court (D. Md.)
PETA, Inc. v. Shore TransitLegal DocumentsExhibit B - Tri-County Counsel Response to PETA MPIA RequestCourt: District Court (D. Md.)
PETA, Inc. v. Shore TransitLegal DocumentsExhibit C - Reproduced PETA AdsCourt: District Court (D. Md.)
PETA, Inc. v. Shore TransitLegal DocumentsExhibit D - Vector Media Contract & Maryland Locally Operated Transit System ManualCourt: District Court (D. Md.)
PETA, Inc. v. Shore TransitLegal DocumentsExhibit E - TCC Executive Board Meeting MinutesCourt: District Court (D. Md.)
PETA, Inc. v. Shore TransitLegal DocumentsExhibit F - Vector Media Advertising ReportsCourt: District Court (D. Md.)
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09/09/2021
Defendants' Motion to Dismiss -
10/08/2021
Plaintiff's Response to Defendants' Motion to Dismiss -
11/01/2021
Defendants' Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss -
01/18/2022
Order Denying Motion to Dismiss
Date Filed: 08/17/2021
Court: District Court (D. Md.)
Date Filed: 08/17/2021
Court: District Court (D. Md.)
Date Filed: 09/09/2021
Court: District Court (D. Md.)
Date Filed: 10/08/2021
Court: District Court (D. Md.)
Date Filed: 11/01/2021
Court: District Court (D. Md.)
Date Filed: 01/18/2022
Court: District Court (D. Md.)
Press Releases
老澳门开奖结果 Sues Maryland Transit System for Banning Ads from PETA