Shurtleff v. City of Boston, No. 18-1898 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the judgment of the district court denying Harold Shurtleff's request for a preliminary injunction to prevent the City of Boston from denying him a permit to temporarily raise a "Christian flag" on a government-owned flagpole in front of its City Hall, holding that the district court did not abuse its discretion in denying Shurtleff's request for a preliminary injunction.
Shurtleff, in his role as director of Camp Constitution, a volunteer organization, organized an event to be held at the plaza in front of City Hall to celebrate the Christian community's contributions to the City and the Commonwealth of Massachusetts. Shurtleff sought a permit from the City to raise a Christian flag on one of the City Hall Plaza flagpoles during the celebration. The City denied Shurtleff's flag-raising request. Shurtleff and Camp Constitution filed suit raising Establishment Clause, Free Speech and Equal Protection claims and seeking a preliminary injunction to prevent the City from denying them a permit to raise the flag. The district court denied the injunction. The First Circuit affirmed, holding that Plaintiffs failed to establish a likelihood of success on their claims against the City.