American Freedom Defense Initiative v. King County

Defendant King County’s public transit agency, Metro, operates an extensive public transportation system in the greater Seattle metropolitan area, with the primary purpose of providing safe and reliable public transportation. Like many transit agencies, Metro finances its operations in part by selling advertising space, including on the exteriors of its buses. Advertisements must meet guidelines specified in Metro’s transit advertising policy. In 2013, Metro rejected an advertisement submitted by Plaintiff American Freedom Defense Initiative, a nonprofit entity headed by Plaintiffs Pamela Geller and Robert Spencer, because Metro concluded that the ad failed to meet the guidelines. Plaintiffs declined to discuss the rejection with Metro and, instead, filed this action under 42 U.S.C. § 1983 . Arguing that Metro’s rejection violated the First Amendment, Plaintiffs sought a preliminary injunction requiring Metro to publish the ad. The district court denied the motion, and Plaintiffs filed this interlocutory appeal. Because we conclude that the district court did not abuse its discretion, Friends of the Wild Swan v. Weber, 767 F.3d 936, 942 (9th Cir.2014), we affirm.

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