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 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)

Judge(s)

Trauger, Aleta Arthur (Tennessee)

Attorney for Plaintiff

Castelli, Thomas H. (Tennessee)

Picasso, Malita (Tennessee)

Saxe, Rose (Tennessee)

Sykes, Emerson (Tennessee)

Yarbrough, Stella (Tennessee)

Attorney for Defendant

Lankford, Rainey A. (Tennessee)

Rieger, Alexander Stuart (Tennessee)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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 666
23 3:21-cv-00490	Order	July 9, 2021	July 9, 2021 Order/Opinion
42 3:21-cv-00490	Memorandum	May 17, 2022	May 17, 2022 Order/Opinion 603 F.Supp.3d 584
43 3:21-cv-00490	Order	May 17, 2022	May 17, 2022 Order/Opinion

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Resources

Resources related to this case
Title		External URL Date / External URL
Bongo Productions LLC et al v. Lawrence et al	Sept. 14, 2022	Sept. 14, 2022 https://www.aclu.org/...
Dear Colleague Letter [rescinding prior letters relating to bathroom access for trans students] Sandra Battle & T.E. Wheeler	Feb. 22, 2017	Feb. 22, 2017 https://assets.documentcloud.org/...
Dear Colleague Letter on Transgender Students Catherine E. Lhamon and Vanita Gupta	May 13, 2016	May 13, 2016 https://www2.ed.gov/...
Examples of Policies and Emerging Practices for Supporting Transgender Students United States Department of Education	May 2016	May 1, 2016 https://www2.ed.gov/...

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Docket

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

Last updated Aug. 31, 2026, 4:44 a.m.

Docket for: Bongo Productions, LLC v. Lawrence

ECF Number	Date	Description	Link
1	June 25, 2021	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 View on RECAP 2 Exhibit B Notice Sign Example View on RECAP 3 Attachment - Civil Cover Sheet View on RECAP	RECAP
2	June 25, 2021	NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) (Entered: 06/25/2021)	RECAP
3	June 25, 2021	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)	RECAP
4	June 25, 2021	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)	RECAP
5	June 25, 2021	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)	RECAP
6	June 25, 2021	MOTION for Preliminary Injunction by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kaye Sayers. (Castelli, Thomas) (Entered: 06/25/2021)	RECAP
7	June 25, 2021	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 View on RECAP 2 Exhibit Exhibit B-Declaration of Kye Sayers View on RECAP 3 Exhibit Exhibit C-Declaration of Shayne Sebold Taylor, MD View on RECAP 4 Exhibit Declaration of Thomas H. Castelli View on RECAP 5 Exhibit Exhibit A to Declaration of Thomas H. Castelli View on RECAP 6 Exhibit Exhibit B to Declaration of Thomas H. Castelli View on RECAP	RECAP
8	June 25, 2021	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 View on PACER	RECAP
9	June 25, 2021	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 View on RECAP	RECAP
	June 25, 2021	Annotation - Bar Status
	June 25, 2021	Annotation - PHV
	June 25, 2021	TN State Bar status verified as active for Thomas H. Castelli and Stella Yarbrough admitted to this court. (kc)
	June 25, 2021	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	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)
10	June 28, 2021	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)	RECAP
	June 28, 2021	Appear Pro Hac Vice AND Appear Pro Hac Vice
11	June 29, 2021	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)	RECAP
12	June 29, 2021	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)	RECAP
13	June 29, 2021	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)	RECAP
14	June 29, 2021	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)	RECAP
15	June 30, 2021	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)	RECAP
16	June 30, 2021	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)	RECAP
17	June 30, 2021	NOTICE by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kaye Sayers re 16 Order,, (Castelli, Thomas) (Entered: 06/30/2021)	RECAP
18	June 30, 2021	NOTICE of Appearance by Alexander Stuart Rieger on behalf of All Defendants (Rieger, Alexander) (Entered: 06/30/2021)	RECAP
19	July 1, 2021	*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)	RECAP
	July 1, 2021	Annotation - Bar Status
	July 1, 2021	TN State Bar status verified as active for Alexander Stuart Rieger admitted to this court. (kc)
20	July 7, 2021	NOTICE of Appearance by Rainey A. Lankford on behalf of All Defendants (Lankford, Rainey) (Entered: 07/07/2021)	RECAP
21	July 7, 2021	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 View on RECAP 2 Exhibit Ex B-DSM V Excerpt View on RECAP 3 Exhibit Ex C-Heino Article View on RECAP 4 Exhibit Ex D-Walter Article View on RECAP 5 Exhibit Ex E-Scully Article View on RECAP 6 Exhibit Ex F-Klein Article View on RECAP	RECAP
22	July 9, 2021	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)	RECAP
23	July 9, 2021	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)	RECAP
	July 12, 2021	Annotation - Bar Status
	July 12, 2021	TN State Bar status verified as active for Rainey A. Lankford admitted to this court. (kc)
24	July 16, 2021	ANSWER to 1 Complaint, by Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, Neal Pinkston.(Rieger, Alexander) (Entered: 07/16/2021)	RECAP
25	Aug. 17, 2021	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)	RECAP
26	Aug. 18, 2021	PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Castelli, Thomas) (Entered: 08/18/2021)	RECAP
27	Aug. 19, 2021	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)	RECAP
28	Aug. 20, 2021	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)	RECAP
29	Aug. 23, 2021	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)	RECAP
30	Aug. 23, 2021	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)	RECAP
	Aug. 23, 2021	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	Case Management Conference
31	Oct. 20, 2021	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 View on PACER	RECAP
	Oct. 21, 2021	NY State Bar status verified as active for Malita Picasso not admitted to this court - Local counsel secured. (kc)
	Oct. 21, 2021	Annotation - Bar Status
32	Oct. 25, 2021	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)	RECAP
	Oct. 25, 2021	Appear Pro Hac Vice
33	Dec. 15, 2021	JOINT MEDIATION REPORT filed by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kye Sayers. (Castelli, Thomas) (Entered: 12/15/2021)	RECAP
34	Jan. 28, 2022	STIPULATION of Dismissal by Sanctuary Performing Arts LLC, Kye Sayers. (Yarbrough, Stella) (Entered: 01/28/2022)	RECAP
35	Jan. 31, 2022	MOTION for Summary Judgment by Robert Bernstein, Bongo Productions, LLC. (Yarbrough, Stella) Modified on 5/17/2022 (kc). (Entered: 01/31/2022)	RECAP
36	Jan. 31, 2022	MEMORANDUM in Support of 35 MOTION for Summary Judgment filed by Robert Bernstein, Bongo Productions, LLC . (Yarbrough, Stella) (Entered: 01/31/2022)	RECAP
37	Jan. 31, 2022	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 View on PACER 2 Exhibit 1-The Act View on PACER 3 Exhibit 2-Bernstein Deposition View on PACER 4 Exhibit 3-Taylor Expert Report View on PACER 5 Exhibit 4-Taylor Expert Bibliography View on PACER 6 Exhibit 5-Taylor Expert CV View on PACER 7 Exhibit 6-Safer Article View on PACER 8 Exhibit 7-Karkazis Article View on PACER 9 Exhibit 8-Ferguson Deposition View on RECAP 10 Exhibit 9-Defs Interrogatory Responses View on PACER 11 Exhibit 10-Plaintiffs Interrogatory Responses View on PACER 12 Exhibit 11-Grady Article View on PACER 13 Exhibit 12-Green Article View on PACER 14 Exhibit 13-Nature Article View on PACER 15 Exhibit 14-Mervosh Article View on PACER 16 Exhibit 15-Opinion Letter View on PACER 17 Exhibit 16-Chibbaro Article View on PACER 18 Exhibit 17-CAP Policy Report View on PACER 19 Exhibit 18-Matisse Article View on RECAP 20 Exhibit 19-Taylor Deposition View on PACER	RECAP
	Jan. 31, 2022	Plaintiffs Sanctuary Performing Arts, LLC and Kye Sayers terminated as parties pursuant to 34 Stipulation of Voluntary Dismissal. (ds)
	Jan. 31, 2022	Docket Annotation
38	Feb. 1, 2022	NOTICE by Robert Bernstein, Bongo Productions, LLC of Withdrawal of Counsel (Castelli, Thomas) (Entered: 02/01/2022)	RECAP
39	March 2, 2022	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 View on RECAP 2 Exhibit Ex A-Challenged Act View on RECAP 3 Exhibit Ex B-General Funk Article View on RECAP 4 Exhibit Ex C-DSM V Excerpt View on RECAP 5 Exhibit Ex D-Heino Article View on RECAP 6 Exhibit Ex E-Walter Article View on RECAP 7 Exhibit Ex F-Scully Article View on RECAP 8 Exhibit Ex G-Klein Article View on RECAP 9 Exhibit Ex H-Haig Article View on RECAP 10 Exhibit Ex I-Meyerowitz Article View on RECAP 11 Exhibit Ex J-Bachtrog Article View on RECAP 12 Exhibit Ex K-NIH Klinefelter View on RECAP 13 Exhibit Ex L-NIH Turner View on RECAP	RECAP
40	March 2, 2022	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 View on PACER 2 Exhibit Ex A-DSM V Excerpts View on PACER 3 Exhibit Ex B-Heino Article View on PACER 4 Exhibit Ex C-Walter Article View on PACER 5 Exhibit Ex D-Scully Article View on PACER 6 Exhibit Ex- Klein Article View on PACER 7 Exhibit Ex F-Bachtrog Article View on PACER 8 Exhibit Ex G-NIH Klinefelter View on PACER 9 Exhibit Ex H-NIH Turner View on PACER 10 Exhibit Ex I-Haig Article View on PACER 11 Exhibit Ex J-Meyerowitz Article View on PACER 12 Exhibit Ex K-Williams Institute Report View on PACER 13 Exhibit Ex L-Karkazis Article View on PACER	RECAP
41	March 11, 2022	REPLY to Response to re 35 MOTION for Summary Judgment filed by Robert Bernstein, Bongo Productions, LLC. (Yarbrough, Stella) (Entered: 03/11/2022)	RECAP
42	May 17, 2022	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)	RECAP
43	May 17, 2022	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)	RECAP
44	May 17, 2022	ENTRY OF JUDGMENT re: 43 Order Dismissing Case. (kc) (Entered: 05/17/2022)	RECAP
45	June 16, 2022	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 View on PACER	RECAP
46	June 16, 2022	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)	RECAP
47	July 28, 2022	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)	RECAP
48	July 29, 2022	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)	RECAP
49	Sept. 14, 2022	Motion for Attorney Fees	RECAP
50	Sept. 15, 2022	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)	RECAP
51	Sept. 15, 2022	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)	RECAP

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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 Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Carter Lawrence

Christopher Bainbridge

Glenn Funk

Neal Pinkston

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

Other Dockets:

Middle District of Tennessee 3:21-cv-00490

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Discrimination Basis:

Gender identity

LGBTQ+:

LGBTQ+

Recommended Citation

Case Summary of Bongo Productions, LLC v. Lawrence, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/44367/ (last updated 12/3/2023).