Case: Bongo Productions, LLC v. Lawrence

3:21-cv-00490 | U.S. District Court for the Middle District of Tennessee

Filed Date: June 25, 2021

Closed Date: May 17, 2022

Clearinghouse coding complete

Case Summary

In 2021, the Tennessee legislature passed H.B. 1182, which would require businesses and other entities that were open to the public and allowed transgender people to use the restroom of their gender to post a government-prescribed warning sign. On June 25, 2021, two Tennessee business owners filed a lawsuit challenging the law in the U.S. District Court for the Middle District of Tennessee. Represented by the American Civil Liberties Union, the plaintiffs claimed that H.B. 1182 violated their F…

In 2021, the Tennessee legislature passed H.B. 1182, which would require businesses and other entities that were open to the public and allowed transgender people to use the restroom of their gender to post a government-prescribed warning sign. On June 25, 2021, two Tennessee business owners filed a lawsuit challenging the law in the U.S. District Court for the Middle District of Tennessee. Represented by the American Civil Liberties Union, the plaintiffs claimed that H.B. 1182 violated their First Amendment right against compelled speech. They brought suit against Carter Lawrence, who was the Tennessee State Fire Marshal, Christopher Bainbridge, who was the Director of Codes Enforcement, Glenn Funk, who was the District Attorney General for the 20th judicial district, and Neal Pinkston, who was the District Attorney General for the 11th judicial district. The plaintiffs sought declaratory and injunctive relief. The case was assigned to Judge Aleta A. Trauger.

Along with the complaint, the plaintiffs also filed a motion for preliminary injunction on June 25, 2021, which was granted by the court on July 9, 2021. 548 F.Supp.3d 666. The defendants argued in opposition that the plaintiffs did not have standing, their claims were not ripe, and they would not be able to establish the unconstitutionality of the Act in question. 

Addressing the standing issue, the court looked to see whether there was (1) injury-in-fact, (2) causation, and (3) redressability. Whether there was an injury-in-fact was the issue in this case. The court reasoned that the law was part of the state’s formal building code, which plaintiffs must comply with, and there was a reasonable and concrete fear of enforcement that the defendants had not disproved. Therefore, it concluded that standing was not an issue in granting the preliminary injunction. 

In regards to whether the claims were ripe, the court stated that the ripeness requirement exists to prevent courts from getting involved in abstract disagreements. In this case, the court stated that this looked like a straightforward First Amendment challenge to a straightforward statute, so ripeness did not interfere with the plaintiffs’ claims.  

Additionally, the court looked to the merits of the plaintiff’s First Amendment challenge. The plaintiffs contended that the law could not be upheld if it was not narrowly tailored to satisfy a compelling government purpose. The defendants argued that a lesser standard of First Amendment review should apply; however, the court stated that strict scrutiny applied in this case. Furthermore, the court reasoned that the plaintiffs had a meaningful likelihood of success even under a lesser standard. Additionally, the defendants argued that the mandated message was merely factual and uncontroversial. However, the court disagreed. It found that the legislative history of the act demonstrated that it was formulated in response to issues involving the transgender community. 

Then the court looked to the remaining preliminary injunction factors. The first factor the court looked at was irreparable injury to the plaintiffs. The court determined that since there was a high likelihood that this Act violated First Amendment rights, it was enough to conclude that plaintiffs would suffer irreparable harm if the preliminary injunction was not granted. The second factor the court looked to was harm to the defendants/public interest. The court found that there was a high likelihood that the plaintiffs would be successful in their constitutional challenges, and it found a low likelihood that injunctive relief would harm Tennessee’s state powers. Lastly, the court assessed the balancing of factors. Because the plaintiffs were likely to succeed, granting a preliminary injunction would help ensure that there was no irreparable harm. Therefore, the Court stated that a preliminary injunction should be granted. 

On May 17, 2022, the court granted the plaintiffs' motion for summary judgment, stating that the law in question was a violation of the First Amendment of the Constitution. 603 F.Supp.3d 584. The court permanently enjoined the defendants from enforcing H.B. 1182 and declared that enforcement of the law would violate the First Amendment. In addition, the court awarded the plaintiffs attorney’s fees. It entered judgment and directed the clerk to close the case. The case is now closed. 

Summary Authors

Renuka Wagh (12/3/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60015321/parties/bongo-productions-llc-v-lawrence/


Judge(s)
Attorney for Plaintiff

Castelli, Thomas H. (Tennessee)

Picasso, Malita (Tennessee)

Saxe, Rose (Tennessee)

Attorney for Defendant

Lankford, Rainey A. (Tennessee)

Rieger, Alexander Stuart (Tennessee)

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Documents in the Clearinghouse

Document
1

3:21-cv-00490

Complaint

June 25, 2021

June 25, 2021

Complaint
22

3:21-cv-00490

Memorandum

July 9, 2021

July 9, 2021

Order/Opinion

548 F.Supp.3d 548

23

3:21-cv-00490

Order

July 9, 2021

July 9, 2021

Order/Opinion
43

3:21-cv-00490

Order

May 17, 2022

May 17, 2022

Order/Opinion
42

3:21-cv-00490

Memorandum

May 17, 2022

May 17, 2022

Order/Opinion

603 F.Supp.3d 603

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60015321/bongo-productions-llc-v-lawrence/

Last updated March 12, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, and Neal Pinkston (Filing fee $402, Receipt number 06503398755), filed by Robert Bernstein, Sanctuary Performing Arts LLC, Bongo Productions, LLC, and Kaye Sayers. (Attachments: # 1 Exhibit A Public Chapter No. 453, # 2 Exhibit B Notice Sign Example, # 3 Attachment - Civil Cover Sheet) (kc) (Entered: 06/25/2021)

1 Exhibit A Public Chapter No. 453

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2 Exhibit B Notice Sign Example

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3 Attachment - Civil Cover Sheet

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June 25, 2021

June 25, 2021

Clearinghouse
2

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER

Annotation - Bar Status

June 25, 2021

June 25, 2021

PACER
3

NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (kc) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER

Annotation - PHV

June 25, 2021

June 25, 2021

PACER

TN State Bar status verified as active for Thomas H. Castelli and Stella Yarbrough admitted to this court. (kc)

June 25, 2021

June 25, 2021

PACER

NY State Bar status verified as active for Emerson Sykes and Rose Saxe not admitted to this court - Local counsel secured. (kc)

June 25, 2021

June 25, 2021

PACER

NOTICE TO COUNSEL Emerson Sykes and Rose Saxe: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 7/16/2021. (kc)

June 25, 2021

June 25, 2021

PACER
4

NOTICE of Initial Case Management Conference is set for 8/23/2021 at 3:00 PM in Chambers 825 before District Judge Aleta A. Trauger. (kc) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
5

Summons issued as to Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, and Neal Pinkston. (Service copies held at intake for counsel to pick up.) (kc) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
6

MOTION for Preliminary Injunction by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kaye Sayers. (Castelli, Thomas) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
7

MEMORANDUM in Support of 6 MOTION for Preliminary Injunction filed by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kaye Sayers . (Attachments: # 1 Exhibit Exhibit A-Declaration of Robert M. Bernstein, # 2 Exhibit Exhibit B-Declaration of Kye Sayers, # 3 Exhibit Exhibit C-Declaration of Shayne Sebold Taylor, MD, # 4 Exhibit Declaration of Thomas H. Castelli, # 5 Exhibit Exhibit A to Declaration of Thomas H. Castelli, # 6 Exhibit Exhibit B to Declaration of Thomas H. Castelli)(Castelli, Thomas) (Entered: 06/25/2021)

1 Exhibit Exhibit A-Declaration of Robert M. Bernstein

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2 Exhibit Exhibit B-Declaration of Kye Sayers

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3 Exhibit Exhibit C-Declaration of Shayne Sebold Taylor, MD

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4 Exhibit Declaration of Thomas H. Castelli

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5 Exhibit Exhibit A to Declaration of Thomas H. Castelli

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6 Exhibit Exhibit B to Declaration of Thomas H. Castelli

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June 25, 2021

June 25, 2021

RECAP
8

MOTION for attorney Rose Ann Saxe to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3399131) by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kaye Sayers. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 06/25/2021)

1 Attachment Certificate of Good Standing

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June 25, 2021

June 25, 2021

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9

MOTION for attorney Emerson Sykes to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3399142) by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kaye Sayers. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 06/25/2021)

1 Attachment Certificate of Good Standing

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June 25, 2021

June 25, 2021

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10

ORDER granting 8 and 9 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Rose Ann Saxe and Emerson Sykes to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 06/28/2021. (lh) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER

Appear Pro Hac Vice AND Appear Pro Hac Vice

June 28, 2021

June 28, 2021

PACER
11

SUMMONS returned executed by Robert Bernstein, Sanctuary Performing Arts LLC, Bongo Productions, LLC, Kaye Sayers. Carter Lawrence served on 6/25/2021. (Attachments: # 1 Attachment Confirmation of Service)(Castelli, Thomas) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
12

SUMMONS returned executed by Robert Bernstein, Sanctuary Performing Arts LLC, Bongo Productions, LLC, Kaye Sayers. Christopher Bainbridge served on 6/25/2021. (Attachments: # 1 Attachment Confirmation of Service)(Castelli, Thomas) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
13

SUMMONS returned executed by Robert Bernstein, Sanctuary Performing Arts LLC, Bongo Productions, LLC, Kaye Sayers. Glenn R. Funk served on 6/25/2021. (Attachments: # 1 Attachment Confirmation of Service)(Castelli, Thomas) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
14

SUMMONS returned executed by Robert Bernstein, Sanctuary Performing Arts LLC, Bongo Productions, LLC, Kaye Sayers. Neal Pinkston served on 6/25/2021. (Attachments: # 1 Attachment Confirmation of Service)(Castelli, Thomas) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
15

ORDER: The Returns on the Summonses issued to the four defendants in this case state: "Service was accepted... via electronic submission on June 25, 2021." (Doc. Nos. 11-1, 12-1, 13-1, 14-1). It is hereby ORDERED that plaintiffs' counsel shall immediately file a Notice that gives the name, mailing address, and email address for the individual who has accepted service on behalf of all four defendants in this case. Signed by District Judge Aleta A. Trauger on 6/30/2021. (ds) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
16

ORDER: The plaintiffs in this case have not requested a temporary restraining order, preventing H.B. 1182/S.B.1224, 112th Gen. Assemb., 1st Reg. Sess. (Tenn. 2021) from going into effect tomorrow, July 1, 2021. Instead, they have suggested a briefing schedule on their Motion for Preliminary Injunction (Doc. No. 6 at 4) that is unacceptable to the court. It is hereby ORDERED that the defendants shall respond to the Plaintiffs' Motion for Preliminary Injunction (Doc. No. 6) by July 7, 2021. Signed by District Judge Aleta A. Trauger on 6/30/2021. (ds) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

RECAP
17

NOTICE by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kaye Sayers re 16 Order,, (Castelli, Thomas) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
18

NOTICE of Appearance by Alexander Stuart Rieger on behalf of All Defendants (Rieger, Alexander) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER

Annotation - Bar Status

July 1, 2021

July 1, 2021

PACER

TN State Bar status verified as active for Alexander Stuart Rieger admitted to this court. (kc)

July 1, 2021

July 1, 2021

PACER
19

***DISREGARD. CLERICAL ERROR.***Sealed Document filed by Jackson County Sheriff Department with Philip Davis' last known address. (kc) Modified on 7/2/2021 (kc). (Entered: 07/02/2021)

July 1, 2021

July 1, 2021

PACER
20

NOTICE of Appearance by Rainey A. Lankford on behalf of All Defendants (Lankford, Rainey) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
21

RESPONSE in Opposition re 6 MOTION for Preliminary Injunction filed by Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, Neal Pinkston. (Attachments: # 1 Exhibit Ex A-AP Article, # 2 Exhibit Ex B-DSM V Excerpt, # 3 Exhibit Ex C-Heino Article, # 4 Exhibit Ex D-Walter Article, # 5 Exhibit Ex E-Scully Article, # 6 Exhibit Ex F-Klein Article)(Rieger, Alexander) (Entered: 07/07/2021)

1 Exhibit Ex A-AP Article

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2 Exhibit Ex B-DSM V Excerpt

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3 Exhibit Ex C-Heino Article

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4 Exhibit Ex D-Walter Article

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5 Exhibit Ex E-Scully Article

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6 Exhibit Ex F-Klein Article

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July 7, 2021

July 7, 2021

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22

MEMORANDUM OPINION OF THE COURT signed by District Judge Aleta A. Trauger on 7/9/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

Clearinghouse
23

ORDER: For the reasons explained in the accompanying Memorandum, the 7 Motion for Preliminary Injunction filed by Bongo Productions, LLC, Robert Bernstein, Sanctuary Performing Arts LLC, and Kye Sayers is hereby GRANTED. The defendants are hereby ORDERED to take no actions to enforce House Bill 1182/Senate Bill 1224, as described in the Memorandum. Because this Order imposes no material obligation upon the defendants other than continuing nonenforcement of a law that, until recently, was not in effect, the court finds that no bond is necessary pursuant to Fed. R. Civ. P 65(c). Signed by District Judge Aleta A. Trauger on 7/9/2021. (ds) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

Clearinghouse

Annotation - Bar Status

July 12, 2021

July 12, 2021

PACER

TN State Bar status verified as active for Rainey A. Lankford admitted to this court. (kc)

July 12, 2021

July 12, 2021

PACER
24

ANSWER to 1 Complaint, by Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, Neal Pinkston.(Rieger, Alexander) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

RECAP
25

ORDER: The initial case management conference scheduled on Monday, August 23, 2021 at 3:00 p.m. will be held in Judge Trauger's courtroom. Lead counsel for each party shall participate in the conference. All participants will be masked and socially distanced during the conference. Signed by District Judge Aleta A. Trauger on 8/17/2021. (kc) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

RECAP
26

PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Castelli, Thomas) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

RECAP
27

MOTION to Allow Counsel to Participate in Case Management Conference by Telephone by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kye Sayers. (Castelli, Thomas) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

RECAP
28

ORDER granting 27 Motion to Allow Counsel to Participate in Case Management Conference by Telephone. Signed by District Judge Aleta A. Trauger on 8/20/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

RECAP

Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference held on 8/23/2021. (Hearing lasted :10) (ds)

Aug. 23, 2021

Aug. 23, 2021

PACER

Case Management Conference

Aug. 23, 2021

Aug. 23, 2021

PACER
29

INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 9/17/2021. Discovery due by 12/15/2021. Dispositive Motions due by 1/31/2022. Signed by District Judge Aleta A. Trauger on 8/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

RECAP
30

ORDER SETTING CASE FOR TRIAL: Bench Trial is set for 6/28/2022 at 9:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Exhibit List due by 6/21/2022. Witness List due by 6/21/2022. Pretrial Conference is set for 6/24/2022 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 6/21/2022. Signed by District Judge Aleta A. Trauger on 8/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

RECAP
31

MOTION for attorney Malita Picasso to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3470177) by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kye Sayers. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 10/20/2021)

1 Attachment Certificate of Good Standing

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Oct. 20, 2021

Oct. 20, 2021

RECAP

NY State Bar status verified as active for Malita Picasso not admitted to this court - Local counsel secured. (kc)

Oct. 21, 2021

Oct. 21, 2021

PACER

Annotation - Bar Status

Oct. 21, 2021

Oct. 21, 2021

PACER
32

ORDER granting 31 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Malita Picasso to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 10/25/2021. (lh) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER

Appear Pro Hac Vice

Oct. 25, 2021

Oct. 25, 2021

PACER
33

JOINT MEDIATION REPORT filed by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kye Sayers. (Castelli, Thomas) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

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34

STIPULATION of Dismissal by Sanctuary Performing Arts LLC, Kye Sayers. (Yarbrough, Stella) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

RECAP

Plaintiffs Sanctuary Performing Arts, LLC and Kye Sayers terminated as parties pursuant to 34 Stipulation of Voluntary Dismissal. (ds)

Jan. 31, 2022

Jan. 31, 2022

PACER

Docket Annotation

Jan. 31, 2022

Jan. 31, 2022

PACER
35

MOTION for Summary Judgment by Robert Bernstein, Bongo Productions, LLC. (Yarbrough, Stella) Modified on 5/17/2022 (kc). (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

Clearinghouse
36

MEMORANDUM in Support of 35 MOTION for Summary Judgment filed by Robert Bernstein, Bongo Productions, LLC . (Yarbrough, Stella) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

RECAP
37

STATEMENT of facts filed by Robert Bernstein, Bongo Productions, LLC in support of 35 Motion for Summary Judgment. (Attachments: # 1 Attachment Declaration of Malita Picasso, # 2 Exhibit 1-The Act, # 3 Exhibit 2-Bernstein Deposition, # 4 Exhibit 3-Taylor Expert Report, # 5 Exhibit 4-Taylor Expert Bibliography, # 6 Exhibit 5-Taylor Expert CV, # 7 Exhibit 6-Safer Article, # 8 Exhibit 7-Karkazis Article, # 9 Exhibit 8-Ferguson Deposition, # 10 Exhibit 9-Defs Interrogatory Responses, # 11 Exhibit 10-Plaintiffs Interrogatory Responses, # 12 Exhibit 11-Grady Article, # 13 Exhibit 12-Green Article, # 14 Exhibit 13-Nature Article, # 15 Exhibit 14-Mervosh Article, # 16 Exhibit 15-Opinion Letter, # 17 Exhibit 16-Chibbaro Article, # 18 Exhibit 17-CAP Policy Report, # 19 Exhibit 18-Matisse Article, # 20 Exhibit 19-Taylor Deposition)(Yarbrough, Stella) (Entered: 01/31/2022)

1 Attachment Declaration of Malita Picasso

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2 Exhibit 1-The Act

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3 Exhibit 2-Bernstein Deposition

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4 Exhibit 3-Taylor Expert Report

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5 Exhibit 4-Taylor Expert Bibliography

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6 Exhibit 5-Taylor Expert CV

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7 Exhibit 6-Safer Article

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8 Exhibit 7-Karkazis Article

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9 Exhibit 8-Ferguson Deposition

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10 Exhibit 9-Defs Interrogatory Responses

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11 Exhibit 10-Plaintiffs Interrogatory Responses

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12 Exhibit 11-Grady Article

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13 Exhibit 12-Green Article

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14 Exhibit 13-Nature Article

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15 Exhibit 14-Mervosh Article

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16 Exhibit 15-Opinion Letter

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17 Exhibit 16-Chibbaro Article

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18 Exhibit 17-CAP Policy Report

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19 Exhibit 18-Matisse Article

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20 Exhibit 19-Taylor Deposition

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Jan. 31, 2022

Jan. 31, 2022

PACER
38

NOTICE by Robert Bernstein, Bongo Productions, LLC of Withdrawal of Counsel (Castelli, Thomas) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

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39

RESPONSE in Opposition re 35 MOTION for Summary Judgment filed by Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, Neal Pinkston. (Attachments: # 1 Attachment Attachment A-Dr Taylor Depo Excerpts, # 2 Exhibit Ex A-Challenged Act, # 3 Exhibit Ex B-General Funk Article, # 4 Exhibit Ex C-DSM V Excerpt, # 5 Exhibit Ex D-Heino Article, # 6 Exhibit Ex E-Walter Article, # 7 Exhibit Ex F-Scully Article, # 8 Exhibit Ex G-Klein Article, # 9 Exhibit Ex H-Haig Article, # 10 Exhibit Ex I-Meyerowitz Article, # 11 Exhibit Ex J-Bachtrog Article, # 12 Exhibit Ex K-NIH Klinefelter, # 13 Exhibit Ex L-NIH Turner)(Rieger, Alexander) (Entered: 03/02/2022)

1 Attachment Attachment A-Dr Taylor Depo Excerpts

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2 Exhibit Ex A-Challenged Act

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3 Exhibit Ex B-General Funk Article

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4 Exhibit Ex C-DSM V Excerpt

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5 Exhibit Ex D-Heino Article

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6 Exhibit Ex E-Walter Article

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7 Exhibit Ex F-Scully Article

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8 Exhibit Ex G-Klein Article

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9 Exhibit Ex H-Haig Article

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10 Exhibit Ex I-Meyerowitz Article

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11 Exhibit Ex J-Bachtrog Article

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12 Exhibit Ex K-NIH Klinefelter

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13 Exhibit Ex L-NIH Turner

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March 2, 2022

March 2, 2022

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40

STATEMENT of facts filed by Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, Neal Pinkston in support of 37 Statement of facts,,, 35 Motion for Summary Judgment, 39 Response in Opposition to Motion,, 36 Memorandum in Support. (Attachments: # 1 Attachment Attachment A-Dr Taylor Depo Excerpts, # 2 Exhibit Ex A-DSM V Excerpts, # 3 Exhibit Ex B-Heino Article, # 4 Exhibit Ex C-Walter Article, # 5 Exhibit Ex D-Scully Article, # 6 Exhibit Ex- Klein Article, # 7 Exhibit Ex F-Bachtrog Article, # 8 Exhibit Ex G-NIH Klinefelter, # 9 Exhibit Ex H-NIH Turner, # 10 Exhibit Ex I-Haig Article, # 11 Exhibit Ex J-Meyerowitz Article, # 12 Exhibit Ex K-Williams Institute Report, # 13 Exhibit Ex L-Karkazis Article)(Rieger, Alexander) (Entered: 03/02/2022)

1 Attachment Attachment A-Dr Taylor Depo Excerpts

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2 Exhibit Ex A-DSM V Excerpts

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3 Exhibit Ex B-Heino Article

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4 Exhibit Ex C-Walter Article

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5 Exhibit Ex D-Scully Article

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6 Exhibit Ex- Klein Article

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7 Exhibit Ex F-Bachtrog Article

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8 Exhibit Ex G-NIH Klinefelter

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9 Exhibit Ex H-NIH Turner

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10 Exhibit Ex I-Haig Article

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11 Exhibit Ex J-Meyerowitz Article

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12 Exhibit Ex K-Williams Institute Report

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13 Exhibit Ex L-Karkazis Article

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March 2, 2022

March 2, 2022

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41

REPLY to Response to re 35 MOTION for Summary Judgment filed by Robert Bernstein, Bongo Productions, LLC. (Yarbrough, Stella) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

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MEMORANDUM OPINION OF THE COURT. The plaintiffs' Motion for Motion for Summary Judgment 35 will be granted. An appropriate order will enter. Signed by District Judge Aleta A. Trauger on 5/17/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

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43

ORDER DISMISSING CASE: For the reasons explained in the accompanying Memorandum, the plaintiffs' Motion for Summary Judgment 35 is hereby GRANTED as to all defendants except District Attorney General Neal Pinkston. Because the only plaintiffs within Pinkston's territorial jurisdiction voluntarily dismissed their claims, any remaining claims pending against Pinkston are DISMISSED for lack of jurisdiction. The remaining defendants are hereby ORDERED to take no actions to enforce House Bill 1182/Senate Bill 1224, as described in the Memorandum, and the court hereby DECLARES that enforcement of that law would violate the First Amendment. The Clerk shall enter judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. Any request for attorneys fees shall be considered pursuant to a separate motion. Signed by District Judge Aleta A. Trauger on 5/17/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

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44

ENTRY OF JUDGMENT re: 43 Order Dismissing Case. (kc) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

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45

Joint MOTION to Stay Deadline for Motion for Attorneys' Fees and Costs by Robert Bernstein, Bongo Productions, LLC. (Attachments: # 1 Attachment Proposed Order)(Yarbrough, Stella) (Entered: 06/16/2022)

1 Attachment Proposed Order

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June 16, 2022

June 16, 2022

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ORDER: Upon consideration of Counsel for Plaintiffs' and Counsel for Defendants' Joint Motion to Stay Deadline For Motion For Attorneys' Fees and Costs 45 (filed June 16, 2022), and in anticipation of Counsel for both Parties reaching an agreement as to fees and costs, this Court GRANTS the Joint Motion staying the deadline under Local Rule 54.01(b)(1) for 45 days from the entry of this Order. Signed by District Judge Aleta A. Trauger on 6/16/2022. (vh) Modified text on 6/22/2022 (hb). (Entered: 06/16/2022)

June 16, 2022

June 16, 2022

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47

Joint MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs by Robert Bernstein, Bongo Productions, LLC. (Attachments: # 1 Attachment Proposed Order)(Yarbrough, Stella) (Entered: 07/28/2022)

July 28, 2022

July 28, 2022

PACER
48

ORDER: Upon consideration of Counsel for Plaintiffs' and Counsel for Defendants' Joint Motion to Extend Stay of Deadline For Motion For Attorneys' Fees and Costs 47 (filed July 28, 2022), and in anticipation of Counsel for both Parties reaching an agreement as to fees and costs, this Court GRANTS the Joint Motion extending the stay of the deadline under Local Rule 54.01(b)(1) for 45 days from the entry of this Order. Signed by District Judge Aleta A. Trauger on 7/29/2022. (kc) (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

RECAP
50

MEMORANDUM in Support of 49 Unopposed MOTION for Attorney Fees filed by Robert Bernstein, Bongo Productions, LLC . (Attachments: # 1 Exhibit Ex. 1 and 2 to Memorandum in Support, # 2 Exhibit Ex. 3 Invoice of Dr. Taylor, # 3 Attachment Declaration of Stella Yarbrough, # 4 Attachment Declaration of Emerson Sykes, # 5 Exhibit Ex. 1 to Decl. of Emerson Sykes, # 6 Attachment Declaration of Malita Picasso, # 7 Exhibit Ex. 1 to Declaration of Malita Picasso, # 8 Attachment Declaration of Rose Saxe, # 9 Exhibit Ex. 1 to Declaration of Rose Saxe, # 10 Attachment Proposed Order)(Yarbrough, Stella) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

PACER
50

MEMORANDUM in Support of 49 Unopposed MOTION for Attorney Fees filed by Robert Bernstein, Bongo Productions, LLC . (Attachments: # 1 Exhibit Ex. 1 and 2 to Memorandum in Support, # 2 Exhibit Ex. 3 Invoice of Dr. Taylor, # 3 Attachment Declaration of Stella Yarbrough, # 4 Attachment Declaration of Emerson Sykes, # 5 Exhibit Ex. 1 to Decl. of Emerson Sykes, # 6 Attachment Declaration of Malita Picasso, # 7 Exhibit Ex. 1 to Declaration of Malita Picasso, # 8 Attachment Declaration of Rose Saxe, # 9 Exhibit Ex. 1 to Declaration of Rose Saxe, # 10 Attachment Proposed Order)(Yarbrough, Stella) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

PACER
51

ORDER: This Court GRANTS the Motion for Attorney's Fees and Costs 49 in the amount requested. $76,917.50 to ACLU and $21,649.00 to ACLU-TENNESSEE for a total of $98,566.50. In addition, the amount of costs and expenses to be reimbursed is $6,982.25 as demonstrated in Plaintiff's Motion. Signed by District Judge Aleta A. Trauger on 9/13/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 9/16/2022 (kc). Modified text on 9/23/2022 (hb). (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

RECAP
49

Attorney Fees

Sept. 15, 2022

Sept. 15, 2022

PACER
51

ORDER: This Court GRANTS the Motion for Attorney's Fees and Costs 49 in the amount requested. $76,917.50 to ACLU and $21,649.00 to ACLU-TENNESSEE for a total of $98,566.50. In addition, the amount of costs and expenses to be reimbursed is $6,982.25 as demonstrated in Plaintiff's Motion. Signed by District Judge Aleta A. Trauger on 9/13/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 9/16/2022 (kc). Modified text on 9/23/2022 (hb). (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

RECAP
49

Attorney Fees

Sept. 15, 2022

Sept. 15, 2022

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: June 25, 2021

Closing Date: May 17, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two business owners in Tennessee who allow transgender people to use their restrooms or facilities in accordance with their gender identity.

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Christopher Bainbridge, State

Carter Lawrence, State

Glenn Funk, State

Neal Pinkston, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2022 - None

Issues

Discrimination Basis:

Gender identity

LGBTQ+:

LGBTQ+