Amalgamated Transit Union Local 85 v. Port Authority of Allegheny County, No. 21-1256 (3d Cir. 2022)Annotate this Case
In response to the Covid-19 pandemic, Port Authority, a municipal bus and light-rail operator, required its uniformed employees to wear face masks. Initially, Port Authority was unable to procure masks for all its employees, so they were required to provide their own. Some employees wore masks bearing political or social-protest messages. Port Authority has long prohibited its uniformed employees from wearing buttons “of a political or social protest nature.” Concerned that such masks would disrupt its workplace, Port Authority prohibited them in July 2020. When several employees wore masks expressing support for Black Lives Matter, Port Authority disciplined them. In September 2020, Port Authority imposed additional restrictions, confining employees to a narrow range of masks. The employees sued, alleging that Port Authority had violated their First Amendment rights.
The district court entered a preliminary injunction rescinding discipline imposed under the July policy and preventing Port Authority from enforcing its policy against “Black Lives Matter” masks. The Third Circuit affirmed. The government may limit the speech of its employees more than it may limit the speech of the public, but those limits must still comport with the protections of the First Amendment. Port Authority bears the burden of showing that its policy is constitutional. It has not made that showing.