United States District Court, M.D. Pennsylvania
SUPPLEMENTAL MEMORANDUM OPINION
D. MARIANI, UNITED STATES DISTRICT JUDGE
action involves a First Amendment challenge to government
restrictions on protesting activity in a non-public forum. On
April 10, 2018, after a bench trial, this Court concluded
that the Defendants' leafletting restriction, voice
amplification ban, and profanity or vulgarity ban, as
reflected in the Defendants' Protest Policy, violate
First Amendment principles. Doc. 59 ("Bench Op.").
Accordingly, the Court entered judgment in favor of
Plaintiffs. Doc. 60. On May 2, 2018, Plaintiffs filed a
motion for additional findings of fact and law and to amend
the judgment under Federal Rules of Civil Procedure 52(b) and
59(e). Doc. 66. Plaintiffs motion seeks to amend the
Court's April 10, 2018 Order to include additional
findings of fact and law supporting Plaintiffs' right to
not only leaflet outside designated barricaded areas, but
also carry signs outside of those areas. The Court assumes
the parties' familiarity with the facts of this case and
its previous opinion. Thus, this memorandum will specifically
address the issue of whether protestors carrying signs should
be confined to designated barricaded areas at the Mohegan Sun
Arena (the "Arena").
Findings of Fact
the Court found in its previous opinion, Plaintiffs Sylvie
Pomicter and Last Chance for Animals regularly protest
outside businesses and venues to promote animal rights. Bench
Op. ¶¶ 1-2 (citing Stipulated Facts for Trial
¶ 12, 16).
Court also found that the Arena is a stadium that is
designated for public recreational use, and frequently hosts
entertainment or sporting events, such as concerts, the
Circus, sporting events, or other entertainment events.
Id. ¶¶ 14-15 (citing Stipulated Facts for
Trial ¶ 2 and April 25, 2016 Hr'g Tr. at
Patrons attending events at the Arena arrive primarily by
car, and then proceed on foot to one of the two entrances
known as the East and West Gates. Id. ¶ 16
(citing Ex. P-7 ¶ 5).
total square footage of the concrete in front of the East
Gate is 18, 746 square feet. Id. ¶ 18 (citing
Stipulated Facts for Trial ¶ 9).
total square footage of the concrete in front of the West
Gate is 10, 560 square feet. Id. ¶ 19 (citing
Stipulated Facts for Trial ¶ 10).
sidewalk connects the East and West gates and is
approximately 30 feet wide and 321 feet long. Id.
¶ 22 (citing April 25, 2016 Hr'g Tr. at 35:2-12 and
sidewalk is generally open to the public, although it is
primarily used for individuals attending events at the Arena
or purchasing tickets to upcoming events. Id. ¶
23 (citing April 25, 2016 Hr'g Tr. at 37:5-10).
Arena is large enough to hold up to 10, 000 people for an
event. Id. ¶ 24 (citing April 25, 2016 Hr'g
Tr. at 38:24-39:1).
March 2016, Defendants implemented the Revised Protest Policy
to include two barricaded protest areas located along the
edges of the East and West Gates. Id. ¶ 27
(citing April 25, 2016 Hr'g Tr. at 31:22-23; 32:1-21 and
Ex. D-H). The protest areas would be able to be expanded
depending on the number of protestors. Id.
Revised Protest Policy states "All persons are welcome
to express their views at the Mohegan Sun Arena at Casey
Plaza." Ex. D-H.
Revised Protest Policy further states that all protestors
"are to be within the designated area outside [of] the
East & West Gate, " and that "[h]andouts can
only be distributed from within [the] designated area."
Ex. D-H. It does not ...