The U.S. Court of Appeals for the D.C. Circuit ruled that city officials engaged in “selective enforcement of its defacement ordinance” when it arrested two pro-life activists for chalking public sidewalks while turning a blind-eye to the defacement of public property by Black Lives Matter (BLM) rioters – reversing an earlier district court ruling. The court stated in its opinion that:
In the summer of 2020, thousands of protesters flooded the streets of the District to proclaim “Black Lives Matter.” Over several weeks, the protesters covered streets, sidewalks, and storefronts with paint and chalk. The markings were ubiquitous and in open violation of the District’s defacement ordinance, yet none of the protesters were arrested. During the same summer, District police officers arrested two pro-life advocates in a smaller protest for chalking “Black Pre-Born Lives Matter” on a public sidewalk.
The two pro-life activists who were arrested were in D.C. participating in a protest organized by The Frederick Douglass Foundation and Students for Life of America. After the arrests, the two organizations filed a lawsuit against the city alleging that the unequal enforcement of the city ordinance was viewpoint discrimination and violated the First Amendment rights of the two arrested protestors.
The opinion of the court, authored by Judge Neomi Rao, held that:
The First Amendment prohibits discrimination on the basis of viewpoint irrespective of the government’s motive. We hold the Foundation has plausibly alleged the District discriminated on the basis of viewpoint in the selective enforcement of its defacement ordinance.
Judge Rao went on to note the multitude of incidents where D.C. public property had been defaced by BLM rioters, yet the city had made no arrests in any of these incidents. The Washington, D.C. BLM riots that took place in the summer of 2020 cost the city an estimated $14.5 million.