Case: Moratorium Now! v. Detroit 300 Conservancy

2:15-cv-10373 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 28, 2015

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On January 28, 2015, a group of private citizens who were prevented from protesting, circulating petitions, and handing out political fliers in Downtown Detroit’s Campus Martius Park filed this lawsuit in the U.S. District Court in the Eastern District of Michigan. The plaintiffs sued Detroit 300 Conservancy, the private company managing the public park; Guardsmark, the company hired to provide park security; and a Detroit City Police officer, under § 1983. The plaintiffs, represented by ACLU o…

On January 28, 2015, a group of private citizens who were prevented from protesting, circulating petitions, and handing out political fliers in Downtown Detroit’s Campus Martius Park filed this lawsuit in the U.S. District Court in the Eastern District of Michigan. The plaintiffs sued Detroit 300 Conservancy, the private company managing the public park; Guardsmark, the company hired to provide park security; and a Detroit City Police officer, under § 1983. The plaintiffs, represented by ACLU of Michigan, asked the court for declaratory and injunctive relief. Specifically, the plaintiffs claimed that defendants’ attempts to prevent political protests in the public park violated their First Amendment rights to free speech.

On April 8, 2015, the city of Detroit agreed that it was a First Amendment issue and promulgated interim rules that would allow for people to exercise their free speech rights in city parks. Plaintiffs then filed an amended complaint, which acknowledged the new interim rules and withdraw the initial request for a preliminary injunction. However, the amended complaint stated that since the interim rules were merely temporary and could be rescinded at any moment, the plaintiffs still required a permanent solution.

The defendants filed a motion to dismiss. On July 22, 2015, Judge Bernard Friedman agreed with the plaintiffs and denied the defendant’s motion to dismiss. He ruled that because the plaintiff’s complaint had been amended after the motion to dismiss, the motion was moot; additionally, the rules were only temporary, and the complaint still contained a cause of action for which the plaintiffs could receive relief.

On October 14, 2015, the case was moved before a Magistrate Judge and the parties ordered to conduct settlement conferences. The defendant then informed the court that the city of Detroit had planned some new ordinances that would address most of the relief that the plaintiffs sought in their complaint. On October 15, 2015, the court stayed the proceedings until a settlement conference could be had on or after November 24, 2015.

The parties conducted their settlement conference on December 1, 2015. They came to an agreement and settled on January 16, 2016, contingent on the approval of Detroit City Council. The Detroit City Council issued its ordinance. The ordinance rules include the acknowledgement that leafleting and demonstrations are exercises of First Amendment rights; that demonstrations of 45 or fewer people can be held in the park without a permit; that if an activist shows that they cannot afford the permit fees, the fees can be waived. At Campus Martius Park, only demonstrations of 25 or fewer people will be allowed to protest without a permit, and activists cannot use any structure or businesses inside the park for leafleting or demonstration purposes. The city also agreed to train its officers and agents in these rules, as well as requiring the park’s private management company to also train its agents in proper implementation and enforcement of those rules.

As of February 16, 2016, this case was closed.

Summary Authors

Kat Brausch (8/5/2016)

Virginia Weeks (10/23/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13291314/parties/moratorium-now-v-detroit-300-conservancy/


Judge(s)

Friedman, Bernard A. (Michigan)

Attorney for Plaintiff
Attorney for Defendant

Fitzgerald, Erica L. (Michigan)

Gaabo, Eric B. (Michigan)

Glazek, Stephen E. (Michigan)

Hollowell, Melvin J. Jr. (Michigan)

show all people

Documents in the Clearinghouse

Document

2:15-cv-10373

Docket

Feb. 16, 2016

Feb. 16, 2016

Docket
1

2:15-cv-10373

Complaint

Jan. 28, 2015

Jan. 28, 2015

Complaint
23

2:15-cv-10373

Amended Complaint

April 30, 2015

April 30, 2015

Complaint

2:15-cv-10373

Settlement Agreement and Release

Jan. 26, 2016

Jan. 26, 2016

Settlement Agreement

Ordinance

[No case name]

No Court

None

None

Statute/Ordinance/Regulation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13291314/moratorium-now-v-detroit-300-conservancy/

Last updated March 27, 2024, 3:21 a.m.

ECF Number Description Date Link Date / Link

Addition of Parties to CM/ECF: Plaintiffs Wallis Andersen, Cheryl LaBash, Thomas Michalak, Moratorium Now!. Reason: The party was not added to CM/ECF Plaintiff requests summons issued. (Steinberg, Michael) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

1

COMPLAINT filed by All Plaintiffs against All Plaintiffs. Plaintiff requests summons issued. Receipt No: 0645−5001508 − Fee: &#036 400. County of 1st Plaintiff: Wayne − County Where Action Arose: Wayne − County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Steinberg, Michael) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

2

MOTION Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − CM Photo, # 3 Exhibit 2 − About Campus Martius, # 4 Exhibit 3 − D300 Agreement, # 5 Exhibit 4 − Park Rules, # 6 Exhibit 5 − LaBash Declaration, # 7 Exhibit 6 − Michalak Declaration, # 8 Exhibit 7 − WIB Flyer, # 9 Exhibit 8 − Petition, # 10 Exhibit 9 − Mandell Declaration, # 11 Exhibit 10 − About Det Gathering Place) (Steinberg, Michael) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

3

NOTICE of Appearance by Brooke A. Merriweather−Tucker on behalf of All Plaintiffs. (Merriweather−Tucker, Brooke) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

Addition of Parties to CM/ECF: Plaintiff Joan Mandell. Reason: The party was not added to CM/ECF when e−filing 2 MOTION Preliminary Injunction , Addition of Parties, 1 Complaint, 3 Notice of Appearance (Steinberg, Michael) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

4

SUMMONS Issued for *Heather Badrak, Detroit 300 Conservancy, Robert F. Gregory, Guardsmark, LLC, Sergeant Thomas Taylor* (TMcg) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (TMcg) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

5

NOTICE of Appearance by Christine Hopkins on behalf of All Plaintiffs. (Hopkins, Christine) (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

6

SCHEDULING ORDER AND NOTICE OF HEARING re 2 MOTION Preliminary Injunction filed by Moratorium Now!, Wallis Andersen, Thomas Michalak, Cheryl LaBash. Signed by District Judge Bernard A. Friedman. (MVer) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

7

NOTICE of Appearance by Jill M. Wheaton on behalf of Heather Badrak, Detroit 300 Conservancy, Robert F. Gregory. (Wheaton, Jill) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

8

NOTICE OF HEARING on 2 MOTION Preliminary Injunction . Motion Hearing set for 3/27/2015 09:00 AM before District Judge Bernard A. Friedman HEARING TO BE HELD AT THE WAYNE STATE UNIVERSITY LAW BUILDING (MVer) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

9

CERTIFICATE of Service/Summons Returned Executed. Robert F. Gregory served on 2/10/2015, answer due 3/3/2015. (Steinberg, Michael) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

10

CERTIFICATE of Service/Summons Returned Executed. Guardsmark, LLC served on 2/9/2015, answer due 3/2/2015. (Steinberg, Michael) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

11

STIPULATION AND ORDER EXTENDING TIME TO FILE RESPONSES TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION TO MARCH 2, 2015. Signed by District Judge Bernard A. Friedman. (MVer) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

12

CERTIFICATE of Service/Summons Returned Executed. Sergeant Thomas Taylor served on 2/6/2015, answer due 2/27/2015. (Steinberg, Michael) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

13

NOTICE of Appearance by Eric B. Gaabo on behalf of Sergeant Thomas Taylor. (Gaabo, Eric) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

14

ORDER modifying briefing schedule re 2 MOTION Preliminary Injunction filed by Moratorium Now!, Wallis Andersen, Thomas Michalak, Cheryl LaBash. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

15

NOTICE by All Plaintiffs That They Are Not Seeking Preliminary Injunctive Relief From Guardsmark Defendants (Steinberg, Michael) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

16

STIPULATION AND ORDER re 1 Complaint, Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

17

NOTICE by All Plaintiffs Notice of Withdrawal of Preliminary Injunction Motion (Merriweather−Tucker, Brooke) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

18

ATTORNEY APPEARANCE: Stephen E. Glazek appearing on behalf of Guardsmark, LLC (Glazek, Stephen) (Entered: 04/09/2015)

April 9, 2015

April 9, 2015

19

MOTION to Dismiss by Guardsmark, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Fitzgerald, Erica) Modified on 4/27/2015 (CMul). (Entered: 04/09/2015)

April 9, 2015

April 9, 2015

20

STIPULATION AND ORDER of partial dismissal and termination of defendants Guardsmark, LLC, Gene Doe and John Doe Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 04/13/2015)

April 13, 2015

April 13, 2015

21

STIPULATION AND ORDER re 1 Complaint, Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 04/15/2015)

April 15, 2015

April 15, 2015

22

NOTICE TO APPEAR: Status Conference set for 4/28/2015 10:00 AM before District Judge Bernard A. Friedman (CMul) (Entered: 04/15/2015)

April 15, 2015

April 15, 2015

Text-Only Notice of Hearing Cancelled

April 27, 2015

April 27, 2015

PACER

Text-Only Notice of Hearing Cancelled

April 27, 2015

April 27, 2015

PACER

Text-Only Notice of Hearing Cancelled

April 27, 2015

April 27, 2015

PACER

Text-Only Notice of Hearing Cancelled

April 27, 2015

April 27, 2015

PACER

Text-Only Notice of Hearing Cancelled

April 27, 2015

April 27, 2015

PACER

Text-Only Notice of Hearing Cancelled

April 27, 2015

April 27, 2015

PACER

TEXT−ONLY NOTICE: Hearing on April 28, 2015 is Cancelled re 22 Notice to Appear (CMul) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

23

Civil Case - Complaint, Amended

April 30, 2015

April 30, 2015

PACER
23

Civil Case - Complaint, Amended

April 30, 2015

April 30, 2015

PACER
23

Civil Case - Complaint, Amended

April 30, 2015

April 30, 2015

PACER
23

Civil Case - Complaint, Amended

April 30, 2015

April 30, 2015

PACER
23

Civil Case - Complaint, Amended

April 30, 2015

April 30, 2015

PACER
23

Civil Case - Complaint, Amended

April 30, 2015

April 30, 2015

PACER
24

Stipulation and Order

May 4, 2015

May 4, 2015

PACER
24

Stipulation and Order

May 4, 2015

May 4, 2015

PACER
24

Stipulation and Order

May 4, 2015

May 4, 2015

PACER
24

Stipulation and Order

May 4, 2015

May 4, 2015

PACER
24

Stipulation and Order

May 4, 2015

May 4, 2015

PACER
24

Stipulation and Order

May 4, 2015

May 4, 2015

PACER
25

Stipulation and Order

May 11, 2015

May 11, 2015

PACER
25

Stipulation and Order

May 11, 2015

May 11, 2015

PACER
25

Stipulation and Order

May 11, 2015

May 11, 2015

PACER
25

Stipulation and Order

May 11, 2015

May 11, 2015

PACER
25

Stipulation and Order

May 11, 2015

May 11, 2015

PACER
25

Stipulation and Order

May 11, 2015

May 11, 2015

PACER
26

Response to Motion

May 11, 2015

May 11, 2015

PACER
26

Response to Motion

May 11, 2015

May 11, 2015

PACER
26

Response to Motion

May 11, 2015

May 11, 2015

PACER
26

Response to Motion

May 11, 2015

May 11, 2015

PACER
26

Response to Motion

May 11, 2015

May 11, 2015

PACER
26

Response to Motion

May 11, 2015

May 11, 2015

PACER
27

Notice - Other

May 13, 2015

May 13, 2015

PACER
27

Notice - Other

May 13, 2015

May 13, 2015

PACER
27

Notice - Other

May 13, 2015

May 13, 2015

PACER
27

Notice - Other

May 13, 2015

May 13, 2015

PACER
27

Notice - Other

May 13, 2015

May 13, 2015

PACER
27

Notice - Other

May 13, 2015

May 13, 2015

PACER
28

Reply to Response to Motion

May 28, 2015

May 28, 2015

PACER
28

Reply to Response to Motion

May 28, 2015

May 28, 2015

PACER
28

Reply to Response to Motion

May 28, 2015

May 28, 2015

PACER
28

Reply to Response to Motion

May 28, 2015

May 28, 2015

PACER
28

Reply to Response to Motion

May 28, 2015

May 28, 2015

PACER
28

Reply to Response to Motion

May 28, 2015

May 28, 2015

PACER
29

Determination of Motion Without Oral Argument*

June 4, 2015

June 4, 2015

PACER
29

Determination of Motion Without Oral Argument*

June 4, 2015

June 4, 2015

PACER
29

Determination of Motion Without Oral Argument*

June 4, 2015

June 4, 2015

PACER
29

Determination of Motion Without Oral Argument*

June 4, 2015

June 4, 2015

PACER
29

Determination of Motion Without Oral Argument*

June 4, 2015

June 4, 2015

PACER
29

Determination of Motion Without Oral Argument*

June 4, 2015

June 4, 2015

PACER
30

Notice - Other

June 5, 2015

June 5, 2015

PACER
30

Notice - Other

June 5, 2015

June 5, 2015

PACER
30

Notice - Other

June 5, 2015

June 5, 2015

PACER
30

Notice - Other

June 5, 2015

June 5, 2015

PACER
30

Notice - Other

June 5, 2015

June 5, 2015

PACER
30

Notice - Other

June 5, 2015

June 5, 2015

PACER
31

Supplemental Brief

June 17, 2015

June 17, 2015

PACER
31

Supplemental Brief

June 17, 2015

June 17, 2015

PACER
31

Supplemental Brief

June 17, 2015

June 17, 2015

PACER
31

Supplemental Brief

June 17, 2015

June 17, 2015

PACER
31

Supplemental Brief

June 17, 2015

June 17, 2015

PACER
31

Supplemental Brief

June 17, 2015

June 17, 2015

PACER
32

Order on Motion to Dismiss

July 22, 2015

July 22, 2015

PACER
32

Order on Motion to Dismiss

July 22, 2015

July 22, 2015

PACER
32

Order on Motion to Dismiss

July 22, 2015

July 22, 2015

PACER
32

Order on Motion to Dismiss

July 22, 2015

July 22, 2015

PACER
32

Order on Motion to Dismiss

July 22, 2015

July 22, 2015

PACER
32

Order on Motion to Dismiss

July 22, 2015

July 22, 2015

PACER
33

Stipulation and Order

Aug. 3, 2015

Aug. 3, 2015

PACER
33

Stipulation and Order

Aug. 3, 2015

Aug. 3, 2015

PACER
33

Stipulation and Order

Aug. 3, 2015

Aug. 3, 2015

PACER
33

Stipulation and Order

Aug. 3, 2015

Aug. 3, 2015

PACER
33

Stipulation and Order

Aug. 3, 2015

Aug. 3, 2015

PACER
33

Stipulation and Order

Aug. 3, 2015

Aug. 3, 2015

PACER
34

Staying Case

Sept. 3, 2015

Sept. 3, 2015

PACER
34

Staying Case

Sept. 3, 2015

Sept. 3, 2015

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 28, 2015

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Protesters who had been prevented from exercising their First Amendment Rights at Detroit's Campus Martius Park.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Detroit, City

Defendant Type(s):

Parks

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 28500

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Disability and Disability Rights:

Sidewalks