2013 WL 144232
D.C. Cir.2013Background
- ANSWER filed suit in 2005 challenging NPS and Secret Service restrictions on expressive activity during the Presidential Inaugural Parade.
- NPS amended regulations to give PIC exclusive use of certain areas along PA Avenue and 14% of the route for PIC bleachers.
- Prior decisions found standing to challenge the PIC-exclusive arrangements, and the court entered injunctions against non-compliant practices.
- ANSWER supplemented pleading to challenge 36 C.F.R. § 7.96(g)(4)(iii)(B)(l) facially and as applied, including freedom plaza and route areas.
- SECRETARY moved to dismiss for lack of standing, arguing injuries were limited to Freedom Plaza; ANSWER opposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge amended regulation facially | ANSWER has injury and seeks broad relief. | Standing limited to Freedom Plaza area only. | ANSWER has standing to challenge facial provision. |
| Standing as applied to areas beyond Freedom Plaza | ANSWER plans to use route areas beyond Freedom Plaza. | Injury not alleged for outside Freedom Plaza. | ANSWER adequately pled injury for as-applied challenge. |
| Adequacy of injury-in-fact for organizational standing | ANSWER has concrete plans to line route with protesters. | Injury not concrete for organization beyond Freedom Plaza. | Injury concrete and traceable; injury redressable. |
Key Cases Cited
- Anderson v. Holder, 647 F.3d 1165 (D.C. Cir. 2011) (standing requires concrete injury at pleading stage)
- Friends of the Earth v. Laidlaw Envtl. Serv. (TOC) Inc., 528 U.S. 167 (U.S. 2000) (injury, traceability, redressability required)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (injury must be concrete and actual or imminent)
- In re Navy Chaplaincy, 697 F.3d 1171 (D.C. Cir. 2012) (standing context for organizational injury)