By Judicial Watch ——Bio and Archives--July 1, 2020
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(a) allowing District streets to be used for the painting of expressive messages, which constitutes protected, First Amendment activity, but denying Plaintiff (Judicial Watch) the timely opportunity to paint its expressive message on a District street for reasons that are not narrowly drawn to achieve a compelling government interest; (b) failing to provide a reasonable basis for denying Plaintiff the timely opportunity to paint is expressive message on a District street; (c) favoring the expressive messages painted on 16th Street NW and/or creating the appearance of endorsing those messages to the exclusion of Plaintiff’s message on a related subject matter; and/or (d) failing to provide reasonable, non-arbitrary processes and procedures for timely consideration of Plaintiff’s request to paint an expressive message on District streets.“Mayor Bowser gave us the runaround rather than access, as the First Amendment requires, to a DC street to paint our timely message and motto: Because No One is Above the Law!” stated Judicial Watch President Tom Fitton. “Our message is especially relevant today because it applies equally to law enforcement and public officials as well as to protesters, looters, and rioters.” On Tuesday, June 30, in response New York Mayor de Blasio’s announcement that “Black Lives Matter” is to be painted on prominent streets in all five boroughs, Judicial Watch formally asked the mayor for permission to paint “Because No One Is Above the Law” on a street, preferably Fifth Avenue between 81st and 83rd Streets.
Re: Request to Paint Message Along Fifth Avenue Between 81st and 83rd Streets Dear Mayor de Blasio: On June 9, 2020, the City’s press office issued a press release stating that your administration will work with community activists to paint five streets, one in each borough, to commemorate the Black Lives Matter movement. During a press conference 10 days later, you announced the five locations to include Center Street, in Manhattan; Richmond Terrace, in Staten Island; Joralemon Street, in Brooklyn; 153rd Street in Queens; and Morris Avenue in the Bronx. On June 26th, you also confirmed that “Black Lives Matter” would be painted along Fifth Avenue between 56th and 57th Streets. These paintings are expressive activity. Judicial Watch, Inc. is a Washington, DC-based, non-profit organization. For more than twenty-five years, Judicial Watch, Inc. has promoted transparency, accountability and integrity in government and fidelity to the rule of law. Our motto is “Because No One Is Above the Law!” – a message that is particularly relevant today because it applies equally to law enforcement and public officials as well as to protesters, looters, and rioters. Because City streets are now being used as public fora for expressive activity, we would like to have our motto painted along a street, preferably Fifth Avenue between 81st and 83rd Streets. The lettering would be identical in size and color to the lettering used to paint “Black Lives Matter” in the six above-referenced locations. We would pay the cost of the painting, but we would likely need the assistance of the City to aid in traffic diversion and parking restrictions while the painting is completed. Of course, the painting could be completed in the same manner as the other locations. As the timeliness of our message is important, please respond within 3 working days. If our desired location is not possible, we are open to considering alternative locations. Thank you for your prompt attention to this matter. Sincerely, Tom Fitton President, Judicial Watch
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Judicial Watch, Inc., a conservative, non-partisan educational foundation, promotes transparency, accountability and integrity in government, politics and the law. Through its educational endeavors, Judicial Watch advocates high standards of ethics and morality in our nation’s public life and seeks to ensure that political and judicial officials do not abuse the powers entrusted to them by the American people. Judicial Watch fulfills its educational mission through litigation, investigations, and public outreach.