Case: A.N.S.W.E.R. v. Norton

1:05-cv-00071 | U.S. District Court for the District of Columbia

Filed Date: Jan. 14, 2005

Closed Date: March 13, 2017

Clearinghouse coding complete

Case Summary

On January 14, 2005, a group of anti-war demonstrators including the Act Now to Stop War and End Racism Coalition (ANSWER), the Muslim American Society Freedom Foundation, the National Council of Arab Americans, a pastor at a congregational church, and a civilian whose son died in the Iraq War (collectively, “the demonstrators”) sued the Secretary of the Interior, the Director of the National Park Service (NPS), and the Director of the Secret Service (collectively, “the government”) under 28 U.…

On January 14, 2005, a group of anti-war demonstrators including the Act Now to Stop War and End Racism Coalition (ANSWER), the Muslim American Society Freedom Foundation, the National Council of Arab Americans, a pastor at a congregational church, and a civilian whose son died in the Iraq War (collectively, “the demonstrators”) sued the Secretary of the Interior, the Director of the National Park Service (NPS), and the Director of the Secret Service (collectively, “the government”) under 28 U.S.C. §§ 1343(a)(3)–(4) in the U.S. District Court for the District of Columbia. The protesters contended that NPS had issued the Presidential Inauguration Committee (PIC) permits before accepting applications from the general public, and also contended that setting aside area that couldn’t be used by the public during the Inaugural Parade was unconstitutional. Represented by the Partnership for Civil Justice Fund, the demonstrators alleged that the government violated their Equal Protection rights as well as their First Amendment rights to freedom of speech, freedom of assembly, and freedom to petition the government for redress of. The demonstrators asked the court to declare the government’s actions unconstitutional and to enjoin the NPS from setting aside its regulations for the PIC in the future. This case was assigned to Judge Paul L. Friedman.

The government urged the court to deny the demonstrators’ request for injunctive relief. The government emphasized that the demonstrators already had access via permit to nine sites along the Parade route, including John Marshall Park, one of the largest parks along Pennsylvania Avenue. The government also argued that the PIC’s application for a permit to use Freedom Plaza was submitted before ANSWER’s application, and that the NPS followed proper procedures in issuing the PIC permit. On January 18, 2005, the court denied the demonstrators’ motion for preliminary injunction.

On July 28, 2005, ANSWER filed an amended complaint that dropped the other plaintiffs. The Amended complaint challenged three governmental actions as constitutional violations: (1) NPS exempting itself from the permitting regulations, (2) a prohibition on signs that was issued by the Secret Service, and (3) a policy granting the Presidential Inauguration Committee (PIC) exclusive access along the parade route. Again, declaratory and injunctive relief for future parades was sought for these claims.

Almost two years later, on June 13, 2007, the court granted in part the government’s motion to dismiss. 493 F.Supp.2d 34. The Court found that no relief could be granted for ANSWER’s claims pertaining to the 2005 Inauguration parade that sought declaratory judgment, and therefore the court dismissed them. The other three claims, however, were allowed to continue.

The court ruled in ANSWER’s favor on March 20, 2008, granting the plaintiffs partial summary judgment on the first claim involving the NPS exempting itself from the permitting regulations. 537 F.Supp.2d 183. The court found that the NPS permitting regulations were not applied in a uniform and nondiscriminatory manner and therefore declared the actions unconstitutional and enjoined the NPS from exempting themselves from the permitting process in the future.

ANSWER filed a supplemental pleading alleging that the NPS’ regulatory set-aside for the PIC violated the First Amendment and the Equal Protection Clause by favoring individuals affiliated with the administration and disfavoring others. The government moved to dismiss the supplemental pleading, but the court denied the motion on January 14, 2013 and affirmed that ANSWER has standing to pursue its full claim. 915 F.Supp.2d 93.

On January 28, 2016, the court granted the defendants’ summary judgement motions on the second and third claims. 153 F.Suppp.3d 395. The court found that the sign ban was content-neutral. Applying intermediate scrutiny, the court determined that the sign ban was narrowly tailored to serve the government’s substantial interest in ensuring safety and managing the flow of pedestrian traffic during an inaugural parade. Regarding the exclusive access claims, the government also upheld the constitutionality of setting aside space only usable by the Presidential Inauguration Committee. Here, the regulation was narrowly tailored to serve the government’s interest in planning and executing the Inaugural Parade.

On February 29, 2016, ANSWER appealed the court’s ruling on the constitutionality of the exclusive access claim. On October 14, 2016, while awaiting the appeals court decision, ANSWER and the Secretary of the Interior settled ANSWER’s claim for attorneys’ fees for litigating NPS’ permitting violations; the defendants agreed to pay $90,000. Then, on January 17, 2017, the D.C. Circuit affirmed the lower court’s decision on the exclusive access claim, finding that the set-aside was subject to intermediate scrutiny, that it was narrowly tailored to a significant government interest, and that it left open ample channels for communication for demonstrators and the public. 845 F.3d 1199. The case is now closed.

Summary Authors

Becca Rogers (12/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4716557/parties/answer-v-norton/


Judge(s)

Friedman, Paul L. (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Attorneys(s) for Plaintiff

Costello, Andrea Hope (Florida)

Messineo, Carl L (District of Columbia)

Onisko, Merrilyn Anne (District of Columbia)

Singh, Radhika M (District of Columbia)

Sobel, Carol A. (California)

Verheyden-Hilliard, Mara E (District of Columbia)

Attorneys(s) for Defendant

Braswell, Marina Utgoff (District of Columbia)

Lyons, Jane M (District of Columbia)

Judge(s)

Friedman, Paul L. (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Attorneys(s) for Plaintiff

Costello, Andrea Hope (Florida)

Messineo, Carl L (District of Columbia)

Onisko, Merrilyn Anne (District of Columbia)

Singh, Radhika M (District of Columbia)

Sobel, Carol A. (California)

Verheyden-Hilliard, Mara E (District of Columbia)

Attorneys(s) for Defendant

Braswell, Marina Utgoff (District of Columbia)

Lyons, Jane M (District of Columbia)

Phillips, Channing D (District of Columbia)

Van Horn, Daniel F (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

March 13, 2017 Docket
1

Complaint for Emergency Injunctive Relief to Preclude Denial of Access to the 2005 Inaugural Parade Route

A.N.S.W.E.R. Coalition v. Norton

Jan. 14, 2005 Complaint
11

Order

Jan. 18, 2005 Order/Opinion
17

Amended Complaint

July 28, 2005 Pleading / Motion / Brief
56

Order

A.N.S.W.E.R. Coalition v. Kempthorne

Nov. 13, 2007 Order/Opinion
58

Opinion

A.N.S.W.E.R. v. Kempthorne

March 20, 2008 Order/Opinion
138

Opinion and Order

A.N.S.W.E.R. Coalition v. Salazar

2012 WL 8667570

March 5, 2012 Order/Opinion
166

Opinion

A.N.S.W.E.R. Coalition v. Salazar

915 F.Supp.2d 93

Jan. 14, 2013 Order/Opinion
219

Order

A.N.S.W.E.R. v. Jewell

Jan. 28, 2016 Order/Opinion
220

Opinion

A.N.S.W.E.R. Coalition v. Jewell

Jan. 28, 2016 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4716557/answer-v-norton/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM (Filing fee $ 150) filed by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION.(rje, ) Modified on 1/18/2005 (rje, ). (Entered: 01/18/2005)

Jan. 14, 2005 RECAP
2

NOTICE OF RELATED CASE by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. Case related to Case No. 01-72. (rje, ) (Entered: 01/18/2005)

Jan. 14, 2005 PACER
3

SUPPLEMENT to the Related Case Notice 2 by Plaintiffs. (rje, ) Modified on 1/18/2005 (rje, ). (Entered: 01/18/2005)

Jan. 14, 2005 PACER
4

EMERGENCY MOTION for Preliminary Injunction, MOTION for expedited Hearing by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. Attachments: # 1 Exhibit A(rje, ) Modified on 1/18/2005 (rje, ). (Entered: 01/18/2005)

Jan. 14, 2005 PACER

Summons (3) Issued as to GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (rje, ) Modified on 1/18/2005 (rje, ).

Jan. 14, 2005 PACER

Case Reassigned to Judge Paul L. Friedman. Judge Gladys Kessler no longer assigned to the case. (rje, )

Jan. 18, 2005 PACER
5

UPON CONSIDERATION of Defendant's Objection to Plaintiffs' Notice of Related Case, it is hereby ORDERED, nunc pro tunc, that the instant case is not related to Civil Action No. 01-72 and it is further ORDERED, nunc pro tunc, that this case be returned to the Court's Calendar Committee for reassignment . Signed by Judge Gladys Kessler on 1/18/05. (CS, ) (Entered: 01/18/2005)

Jan. 18, 2005 PACER

Minute Entry for proceedings held before Judge Paul L. Friedman : Motion Hearing held on 1/18/2005 re 4 MOTION for Expedited Hearing on MOTION for Preliminary Injunction, Granted; MOTION for Preliminary Injunction filed by A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION, NATIONAL COUNCIL OF ARAB AMERICANS, heard and denied for the reasons stated on the record in open Court. (Court Reporter Linda Russo.) (bm)

Jan. 18, 2005 PACER
6

NOTICE of Appearance by Marina Utgoff Braswell on behalf of GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM (Braswell, Marina) (Entered: 01/18/2005)

Jan. 18, 2005 PACER
7

RESPONSE to Notice of Related Case filed by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Braswell, Marina) (Entered: 01/18/2005)

Jan. 18, 2005 PACER
8

Memorandum in opposition to motion re 4 filed by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Attachments: # 1 Attachment A# 2 Attachment B# 3 Attachment C# 4 Attachment D# 5 Attachment E)(Braswell, Marina) (Entered: 01/18/2005)

1 Attachment A

View on PACER

2 Attachment B

View on PACER

3 Attachment C

View on PACER

4 Attachment D

View on PACER

5 Attachment E

View on PACER

Jan. 18, 2005 PACER
9

AFFIDAVIT of Robbin Owen by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V)(Braswell, Marina) (Entered: 01/18/2005)

Jan. 18, 2005 PACER
10

AFFIDAVIT of Donato Coyer by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Attachments: # 1 Attachment 1# 2 Attachment 2# 3 Attachment 3)(Braswell, Marina) (Entered: 01/18/2005)

Jan. 18, 2005 PACER
11

ORDER granting 4 Motion for Hearing, denying 4 Motion for Preliminary Injunction after hearing argument from counsel at an expedited hearing and for the reasons stated in open Court. Signed by Judge Paul L. Friedman on 1/18/2005. (bm) (Entered: 01/19/2005)

Jan. 18, 2005 RECAP
12

MOTION for Leave to Appear on behalf of plaintiffs pro hac vice for attorney Carol Sobel by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. (Attachments: # 1 Text of Proposed Order)(td, ) (Entered: 01/25/2005)

Jan. 18, 2005 PACER

MINUTE ORDER granting 12 plaintiffs' motion for admission pro hac vice of attorney Carol Sobel. Signed by Judge Paul L. Friedman on January 28, 2005.(ma)

Jan. 28, 2005 PACER
13

ENTERED IN ERROR. . . .Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by GALE A. NORTON, W. RALPH BASHAM. (Braswell, Marina) Modified on 3/11/2005 (td, ). (Entered: 03/10/2005)

March 10, 2005 PACER

DOCUMEN NO. 13 was "Entered In Error" and counsel was notified to refile said document. The first image should be the motion and then attach the order as an attachment to the motion. (td, )

March 11, 2005 PACER
14

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Attachments: # 1 Text of Proposed Order)(Braswell, Marina) (Entered: 03/18/2005)

March 18, 2005 PACER

MINUTE ORDER granting 14 defendants' unopposed motion to stay and for enlargement of time. Defendants need not respond to the complaint in this case absent further order of the Court; if plaintiffs file an amended complaint, defendants shall have thirty days thereafter in which to respond. Signed by Judge Paul L. Friedman on March 22, 2005. (MA)

March 22, 2005 PACER
15

ORDER that, on or before July 28, 2005, plaintiffs shall either file an amended complaint, submit a joint report with defendant under Local Civil Rule 16.3 describing the parties' views on how this case should move forward, or show cause in writing why this case should not be dismissed for failure to prosecute. Signed by Judge Paul L. Friedman on July 7, 2005. (MA) (Entered: 07/07/2005)

July 7, 2005 PACER
16

NOTICE, Filing of Amended Complaint by A.N.S.W.E.R. re 15 Order, (Messineo, Carl) (Entered: 07/28/2005)

July 28, 2005 PACER
17

AMENDED COMPLAINT against FRAN MAINELLA, W. RALPH BASHAMfiled by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION.(td, ) (Entered: 07/29/2005)

July 28, 2005 RECAP
18

Unopposed MOTION for Extension of Time to File Answer re 17 Amended Complaint by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Braswell, Marina) (Entered: 08/25/2005)

Aug. 25, 2005 PACER

MINUTE ORDER granting 18 defendants' unopposed motion for enlargement of time up to and including September 30, 2005 in which to respond to the amended complaint. Signed by Judge Walton for Judge Paul L. Friedman on August 29, 2005. (MA)

Aug. 30, 2005 PACER
19

Unopposed MOTION for Extension of Time to File Answer by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Braswell, Marina) (Entered: 09/29/2005)

Sept. 29, 2005 PACER

MINUTE ORDER granting 19 defendants' unopposed motion for further enlargement of time up to and including October 14, 2005 in which to respond to the amended complaint. Signed by Judge Paul L. Friedman on September 30, 2005. (MA)

Sept. 30, 2005 PACER
20

MOTION to Dismiss, or in the alternative for Summary Judgment by GALE A. NORTON, W. RALPH BASHAM. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Text of Proposed Order)(jeb, ) (Entered: 10/20/2005)

Oct. 14, 2005 PACER
21

Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss MOTION for Summary Judgment by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. (Attachments: # 1 Text of Proposed Order Proposed Order)(Messineo, Carl) (Entered: 11/16/2005)

Nov. 16, 2005 PACER

MINUTE ORDER granting 21 plaintiffs' consent motion for enlargement of time up to and including December 16, 2005 to file opposition to defendants' motion to dismiss; defendants' reply is due on or before January 13, 2006. Signed by Judge Paul L. Friedman on November 17, 2005. (MA)

Nov. 17, 2005 PACER
22

NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. Attorney Merrilyn Anne Onisko terminated. (Messineo, Carl) (Entered: 12/01/2005)

Dec. 1, 2005 PACER
23

Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss MOTION for Summary Judgment by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Messineo, Carl) (Entered: 12/16/2005)

Dec. 16, 2005 PACER

MINUTE ORDER granting 23 plaintiffs' unopposed motion for further enlargement of time up to and including January 13, 2006 to file opposition to defendants' motion to dismiss 20 . Signed by Judge Paul L. Friedman on December 20, 2005. (MA)

Dec. 20, 2005 PACER
24

Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss MOTION for Summary Judgment by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Messineo, Carl) (Entered: 01/13/2006)

Jan. 13, 2006 PACER

MINUTE ORDER granting 24 plaintiffs' unopposed motion for further enlargement of time up to and including January 23, 2006 to file opposition to defendants' motion to dismiss. Defendants may file their reply up to and including February 28, 2006. Signed by Judge Paul L. Friedman on January 19, 2006. (MA)

Jan. 19, 2006 PACER
25

Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss MOTION for Summary Judgment by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Messineo, Carl) (Entered: 01/23/2006)

Jan. 23, 2006 PACER

MINUTE ORDER granting 25 plaintiffs' consent motion for further enlargement of time up to and including January 30, 2006 to file opposition to defendants' motion to dismiss 20 . Defendants may file their reply up to and including March 7, 2006. Signed by Judge Paul L. Friedman on January 24, 2006. (MA)

Jan. 24, 2006 PACER
26

Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss MOTION for Summary Judgment by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Messineo, Carl) (Entered: 01/30/2006)

Jan. 30, 2006 PACER
27

ORDER granting 26 Motion for Extension of Time to File Response/Reply re 20 MOTION to Dismiss MOTION for Summary Judgment; plaintiff shall file their responses due by 2/3/2006; defendants' replies due by 3/13/2006.. Signed by Judge Paul L. Friedman on 2/1/2006. (bm) (Entered: 02/01/2006)

Feb. 1, 2006 PACER
28

Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss MOTION for Summary Judgment by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Messineo, Carl) (Entered: 02/03/2006)

Feb. 3, 2006 PACER

MINUTE ORDER granting 28 plaintiffs' consent motion for further enlargement of time up to and including February 17, 2006 to file opposition to defencdants' motion to dismiss 20 ; defendants may file their reply up to and including March 22, 2006. Signed by Judge Paul L. Friedman on February 7, 2006. (MA)

Feb. 8, 2006 PACER
29

Memorandum in opposition to re 20 and Plaintiff's Cross-Motion for Summar Judgment filed by A.N.S.W.E.R.. (Attachments: # 1 Statement of Facts in Opposition to Motion for Summary Judgment# 2 Statement of Facts in Support of Plaintiff's Cross-Motion for Summary Judgment)(Messineo, Carl) (Entered: 02/17/2006)

Feb. 17, 2006 PACER
30

MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports by A.N.S.W.E.R.. (Messineo, Carl) (Entered: 02/17/2006)

Feb. 17, 2006 PACER
33

Cross MOTION for Judgment on the pleadings, or in the alternative, MOTION for Summary Judgment by A.N.S.W.E.R..; (see document no. 29 for image) (td, ) (Entered: 02/23/2006)

Feb. 17, 2006 PACER
31

MOTION for Leave to File Excess Pages by A.N.S.W.E.R.. (Messineo, Carl) (Entered: 02/18/2006)

Feb. 18, 2006 PACER
32

Memorandum in opposition to re 20 (Corrected) filed by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. (Messineo, Carl) (Entered: 02/22/2006)

Feb. 22, 2006 PACER
34

NOTICE of Bulky Exhibits by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION re 32 Memorandum in Opposition (Messineo, Carl) (Entered: 02/23/2006)

Feb. 23, 2006 PACER

MINUTE ORDER granting 31 plaintiffs? motion to exceed page limitation by ten pages. Defendants may (if necessary) exceed the page limitation by ten pages in their reply. No further motions to exceed page limitations will be granted on the parties? cross-motions for summary judgment. Signed by Judge Paul L. Friedman on March 8, 2006. (MA)

March 9, 2006 PACER
35

Unopposed MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Judgment MOTION for Summary Judgment, 30 MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Braswell, Marina) (Entered: 03/22/2006)

March 22, 2006 PACER

MINUTE ORDER granting 35 defendants' unopposed motion for enlargement of time up to and including April 14, 2006 in which to respond to plaintif's response to defendant's dispositive motion. Signed by Judge Paul L. Friedman on March 23, 2006. (MA)

March 23, 2006 PACER
36

NOTICE of Change of Address by Carl L. Messineo (Messineo, Carl) (Entered: 04/05/2006)

April 5, 2006 PACER
37

Unopposed MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Judgment MOTION for Summary Judgment, 30 MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Braswell, Marina) (Entered: 04/14/2006)

April 14, 2006 PACER

ORDER granting 37 defendants' unopposed motion for brief enlargement of time up to and including April 21, 2006 in which to respond to plaintiff's response to defendant's dispositive motion 33 . Signed by Judge Paul L. Friedman on April 18, 2006. (MA)

April 18, 2006 PACER
38

Unopposed MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Judgment MOTION for Summary Judgment, 30 MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Braswell, Marina) (Entered: 04/21/2006)

April 21, 2006 PACER

ORDER granting 38 defendants' unopposed motion for brief further enlagement of time up to and includin April 26, 2006 to File Response/Reply re 38 Unopposed MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Judgment MOTION for Summary Judgment, 30 MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to. Signed by Judge Paul L. Friedman on April 24, 2006.(MA)

April 24, 2006 PACER
39

Memorandum in opposition to re 30 MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports filed by W. RALPH BASHAM. (Attachments: # 1 Coyer Declaration# 2 Coyer Declaration, Exh. 1# 3 Coyer Declaration, Exh. 2# 4 Coyer Declaration, Exh. 3)(Braswell, Marina) (Entered: 04/26/2006)

April 26, 2006 PACER
40

REPLY to opposition to motion re 20 MOTION to Dismiss MOTION for Summary Judgment filed by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Attachments: # 1 Exhibit 4# 2 Exhibit 5# 3 Exhibit 6# 4 Exhibit 7# 5 Exhibit 8# 6 Coyer Declaration# 7 Coyer Declaration Exh. 1# 8 Coyer Declaration Exh. 2# 9 Coyer Declaration Exhibit 3)(Braswell, Marina) (Entered: 04/26/2006)

April 26, 2006 PACER
41

Memorandum in opposition to re 33 MOTION for Judgment MOTION for Summary Judgment filed by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Attachments: # 1 Exhibit 4# 2 Exhibit 5# 3 Exhibit 6# 4 Exhibit 7# 5 Exhibit 8# 6 Coyer Declaration# 7 Coyer Declaration Exhibit 1# 8 Coyer Declaration Exhibit 2# 9 Coyer Declaration Exhibit 3)(Braswell, Marina) (Entered: 04/26/2006)

April 26, 2006 PACER
42

Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Judgment MOTION for Summary Judgment, 30 MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Messineo, Carl) (Entered: 05/05/2006)

May 5, 2006 PACER
43

ORDER: Upon consideration of 42 Consent Motion for Extension of Time to File Response/Reply re 42 Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Judgment MOTION for Summary Judgment, 30 MOTION to DismissWithout Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment. It is hereby ordered that the motion in GRANTED. Plaintiff may file their reply to defendant's opposition to motion to dismiss; reply due by 6/30/2006. Plaintiffs' may file their reply to defendant's opposition to plaintiff's cross-motion for summary judgment; reply due by 6/30/2006. Signed by Judge John D. Bates for Judge Paul L. Friedman on 05/08/06. (tb, ) (Entered: 05/09/2006)

May 8, 2006 PACER
44

Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Judgment MOTION for Summary Judgment, 30 MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports by NATIONAL COUNCIL OF ARAB AMERICANS, A.N.S.W.E.R., GRAYLAN S. HAGLER, MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Messineo, Carl) (Entered: 06/30/2006)

June 30, 2006 PACER

MINUTE ORDER granting 44 consent motion for enlargement of time up to and including July 14, 2006 for plaintiffs to file replies to defendants' oppositions to dispositive motions. Signed by Judge Paul L. Friedman on July 6, 2006. (MA)

July 6, 2006 PACER
45

REPLY to opposition to motion re 33 MOTION for Judgment MOTION for Summary Judgment filed by A.N.S.W.E.R.. (Messineo, Carl) (Entered: 07/14/2006)

July 14, 2006 PACER
46

REPLY to opposition to motion re 30 MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports filed by A.N.S.W.E.R.. (Messineo, Carl) (Entered: 07/14/2006)

July 14, 2006 PACER

ORDER denying 30 plaintiff's "Motion under Rule 56(f) Pertaining Solely to Claims Related to Sign Supports. The Court has considered plaintiff?s motion and the related opposition and reply briefs. The Court denies plaintiff's motion on the grounds that discovery is unnecessary to the resolution of the lengthy cross-motions for summary judgment pending before the Court, and plaintiff has not adequately justified its need for such discovery. See Messina v. Krakower, 439 F.3d 755, 762 (D.C. Cir. 2006) (trial court does not abuse its discretion when it denies Rule 56(f) motion ?where the requesting party has offered only a conclusory assertion without any supporting facts to justify the proposition that the discovery sought will produce the evidence required.?) (internal quotations and citations omitted). Signed by Judge Paul L. Friedman on January 11, 2007. (MA)

Jan. 11, 2007 PACER
47

NOTICE of Change of Address by Carl L. Messineo (Messineo, Carl) (Entered: 05/15/2007)

May 15, 2007 PACER
48

ORDER granting in part and holding in abeyance in part 20 defendants' motion to dismiss; granting in part and holding in abeyance in part 20 defendants' motion for summary judgment. Signed by Judge Paul L. Friedman on June 13, 2007.(MA) (Entered: 06/13/2007)

June 13, 2007 PACER
49

OPINION granting in part and holding in abeyance in part defendants' motion to dismiss or, in the alternative, for summary judgment. Signed by Judge Paul L. Friedman on June 13, 2007. (MA) (Entered: 06/13/2007)

June 13, 2007 RECAP

Set/Reset Hearings: Status Conference set for 6/26/2007 @ 11:00 AM in Courtroom 29A before Judge Paul L. Friedman. (mm)

June 13, 2007 PACER

Minute Entry for proceedings held before Judge Paul L. Friedman: Status Conference held on 6/26/2007. Parties to submit supplemental authority by 7/17/2007; Plaintiffs' Rule 56(f) Motion due by 7/17/2007; Response due by 8/3/2007; Reply due by 8/17/2007. (Court Reporter Linda Russo) (mm)

June 26, 2007 PACER
50

Cross MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports (Renewed) by A.N.S.W.E.R. (Attachments: # 1 Exhibit 1 - Affidavit of Carl Messineo# 2 Exhibit 2 - Presidential Advance Manual# 3 Text of Proposed Order)(Messineo, Carl) (Entered: 07/17/2007)

July 17, 2007 PACER
51

NOTICE OF SUPPLEMENTAL AUTHORITY by GALE A. NORTON, W. RALPH BASHAM (Braswell, Marina) (Entered: 07/17/2007)

July 17, 2007 PACER
52

Memorandum in opposition to re 50 Cross MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports (Renewed)Cross MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports (Renewed) filed by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM. (Attachments: # 1 Coyer Declaration# 2 Coyer Declaration, Exh. 1# 3 Coyer Declaration, Exh. 2# 4 Coyer Declaration, Exh. 3# 5 Def. Mem., Exh. 2)(Braswell, Marina) (Entered: 08/03/2007)

Aug. 3, 2007 PACER
53

Consent MOTION for Extension of Time to File Reply in Support of Renewed Motion Pursuant to Rule 56(f) by A.N.S.W.E.R. (Messineo, Carl) (Entered: 08/17/2007)

Aug. 17, 2007 PACER

MINUTE ORDER granting 53 plaintiffs' consent motion for extension of time up to and including August 25, 2007 to file reply in support of its renewed motion pursuant to Rule 56(f). Signed by Judge Paul L. Friedman on August 20, 2007. (MA)

Aug. 20, 2007 PACER

Set/Reset Deadlines: Plaintiffs' reply in support of renewed motion pursuant to Rule 56(f) due by 8/25/2007. (mm)

Aug. 20, 2007 PACER
54

REPLY to opposition to motion re 50 Cross MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports (Renewed)Cross MOTION to Dismiss Without Prejudice Pursuant to Rule 56(f) the Defendant's Motion for Summary Judgment With Respect to Claim Related to the Prohibition on Lightweight Sign Supports (Renewed) filed by A.N.S.W.E.R.. (Attachments: # 1 Exhibit 1 - after action report# 2 Exhibit 2 - status hearing transcript)(Messineo, Carl) (Entered: 08/24/2007)

Aug. 24, 2007 PACER
55

TRANSCRIPT of Proceedings held on 6/26/07 before Judge Paul L. Friedman. Court Reporter: Linda L. Russo. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (td, ) (Entered: 10/22/2007)

Oct. 19, 2007 PACER
56

ORDER granting plaintiff's 50 renewed cross motion under Rule 56(f) of the Federal Rules of Civil Procedure pertaining solely to claims related to prohibition of lightweight sign supports. Signed by Judge Paul L. Friedman on November 13, 2007. (MA) (Entered: 11/13/2007)

Nov. 13, 2007 RECAP
57

NOTICE of Change of Address by Carl L. Messineo (Messineo, Carl) (Entered: 01/09/2008)

Jan. 9, 2008 PACER
58

OPINION granting plaintiff's 33 motion for summary judgment on Count I of the amended complaint and denying defendants' 20 motion for summary judgment on Counts I and III of the amended complaint. Signed by Judge Paul L. Friedman on 3/20/08. (lcplf1) Modified on 3/20/2008 to link entry to appropriate motions (lcplf1). (Entered: 03/20/2008)

March 20, 2008 RECAP
59

ORDER granting plaintiff's 33 motion for summary judgment on Count I of the amended complaint and denying defendants' 20 motion for summary judgment on Counts I and III of the amended complaint, and granting declaratory and injunctive relief to the plaintiff on Count I. See Order for specifics. Signed by Judge Paul L. Friedman on 3/20/08. (lcplf1) Modified on 3/20/2008 to link to appropriate motions (lcplf1). (Entered: 03/20/2008)

March 20, 2008 RECAP

Set/Reset Hearings: Status Conference set for 4/7/2008 01:45 PM in Courtroom 29A before Judge Paul L. Friedman. (mm)

March 20, 2008 PACER

MINUTE ORDER: The Status Conference, formerly set for 4/7/2008 @ 1:45 p.m., is hereby reset to 4/14/2008 @ 10:30 a.m. in Courtroom 29A before Judge Paul L. Friedman. Signed by Judge Paul L. Friedman on 3/28/2008. (mm)

March 28, 2008 PACER

MINUTE ORDER: The Status Conference, formerly set for 4/14/2008 @ 10:30 a.m., is hereby reset to 4/28/2008 @ 02:00 PM in Courtroom 29A before Judge Paul L. Friedman. Signed by Judge Paul L. Friedman on 4/2/2008. (mm)

April 2, 2008 PACER

Minute Entry for proceedings held before Judge Paul L. Friedman: Status Conference held on 4/28/2008. Defendant NPS to file its responses to plaintiff's discovery requests on or before 5/16/2008. Defendant NPS to file a notice with the Court regarding its next steps and intentions on or before 5/28/2008. Next Status Conference set for 5/30/2008 @ 09:00 AM in Courtroom 29A before Judge Paul L. Friedman. (Court Reporter Linda Russo) (mm) Modified on 4/28/2008 (mm).

April 28, 2008 PACER

NOTICE OF CORRECTED DOCKET ENTRY: Text of 4/28/2008 Minute Entry of Status Conference modified to include corrected deadlines.(mm)

April 28, 2008 PACER
60

Consent MOTION to Continue Status Conference of May 30, 2008 by A.N.S.W.E.R. (Attachments: # 1 Text of Proposed Order)(Messineo, Carl) (Entered: 05/15/2008)

May 15, 2008 PACER

MINUTE ORDER granting 60 Plaintiff's Consent Motion to Continue. The status conference formerly scheduled for May 30, 2008 will take place on June 18, 2008 at 3:00 p.m. Signed by Judge Paul L. Friedman on 5/16/08. (lcplf1)

May 16, 2008 PACER
61

RESPONSE to Discovery Request by GALE A. NORTON, W. RALPH BASHAM.(Braswell, Marina) Modified on 5/19/2008 (td, ). Modified on 5/20/2008 (counsel was instructed by the Court to file this document) (td, ). (Entered: 05/16/2008)

May 16, 2008 PACER

Set/Reset Hearings: Status Conference set for 6/18/2008 03:00 PM in Courtroom 28A before Judge Paul L. Friedman. (mm)

May 16, 2008 PACER
62

NOTICE to the Court by GALE A. NORTON, FRAN MAINELLA, W. RALPH BASHAM (Braswell, Marina) (Entered: 05/28/2008)

May 28, 2008 PACER

Minute Entry for proceedings held before Judge Paul L. Friedman: Status Conference held on 6/18/2008. Plaintiff to submit proposed order to the Court by 7/2/2008. Response to proposed order due by 7/8/2008. Status Conference set for 7/22/2008 @ 04:30 PM in Courtroom 29A before Judge Paul L. Friedman. (Court Reporter Linda Russo) (mm)

June 18, 2008 PACER
63

NOTICE of FIling of Proposed Order Pursuant to June 18, 2008 Status Conference by A.N.S.W.E.R. re Status Conference,, Set Deadlines/Hearings, (Attachments: # 1 Text of Proposed Order)(Verheyden-Hilliard, Mara) (Entered: 07/02/2008)

July 2, 2008 PACER
64

MEMORANDUM re 63 Notice (Other) filed by A.N.S.W.E.R. by GALE A. NORTON, FRAN MAINELLA. (Braswell, Marina) (Entered: 07/08/2008)

July 8, 2008 PACER
65

ORDER: Defendant Dirk Kempthorne, Secretary, United States Department of the Interior, shall file his responses to the questions posed in this Order no later than 7/21/2008. Signed by Judge Paul L. Friedman on 7/14/2008. (mm) (Entered: 07/15/2008)

July 15, 2008 PACER

Set/Reset Deadlines: Response to questions posed in 7/15/2008 order due by 7/21/2008. (mm)

July 15, 2008 PACER
66

MEMORANDUM re 65 Order by GALE A. NORTON, FRAN MAINELLA. (Attachments: # 1 declarations (2))(Braswell, Marina) (Entered: 07/21/2008)

July 21, 2008 PACER

Minute Entry for proceedings held before Judge Paul L. Friedman: Status Conference held on 7/22/2008. Next Status Conference set for 9/3/2008 @ 09:30 a.m. in Courtroom 29A before Judge Paul L. Friedman. (Court Reporter Lisa Hand) (mm)

July 22, 2008 PACER
67

NOTICE by GALE A. NORTON, FRAN MAINELLA (Braswell, Marina) (Entered: 08/07/2008)

Aug. 7, 2008 PACER

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Jan. 14, 2005

Closing Date: March 13, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Anti-war organization

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary, Federal

Director, Federal

Secretary, Federal

Director, Federal

Defendant Type(s):

Jurisdiction-wide

Parks

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 90,000

Content of Injunction:

Preliminary relief denied

Issues

General:

Grievance Procedures