Mahoney, et al. v. Doe, et al., No. 09-7131 (D.C. Cir. 2011)
Annotate this CaseAppellant sued the Metropolitan Police Department ("MPD") and the District of Columbia (collectively, "District"), requesting a temporary restraining order and preliminary injunction to keep the District from preventing appellant's chalking demonstration in front of the White House pursuant to a Defacement Statute, D.C. Code 22-3312.01. Appellant claimed that the Defacement Statute was unconstitutional on its face, unconstitutional as applied to his efforts to chalk the street in front of the White House, and violated the Religious Freedom Restoration Act ("RFRA"), 42 U.S.C. 2000bb et seq. The court held that the Defacement Statute was content neutral, and substantially justified by the District's esthetic interest in combating the very problem appellant's proposed chalking entailed, the defacement of public property. Because the District did not curtail appellant's means of expression altogether, and allowed him to protest in front of the White House in other ways, the Defacement Statute was not unconstitutionally applied. The court also held that appellant's overbreadth challenge failed because he could not show any "realistic danger" that the Defacement Statute actually chilled constitutionally protected speech. The court further rejected appellant's RFRA claims in light of Henderson v. Kennedy. Accordingly, the court affirmed the order of the district court dismissing the case.
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