Friends of Animals, Inc. v. City of Bridgeport

833 F. Supp. 2d 205, 2011 WL 2533666, 2011 U.S. Dist. LEXIS 68413
CourtDistrict Court, D. Connecticut
DecidedJune 27, 2011
DocketCivil Action No. 3:06-cv-1708 (VLB)
StatusPublished
Cited by4 cases

This text of 833 F. Supp. 2d 205 (Friends of Animals, Inc. v. City of Bridgeport) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Friends of Animals, Inc. v. City of Bridgeport, 833 F. Supp. 2d 205, 2011 WL 2533666, 2011 U.S. Dist. LEXIS 68413 (D. Conn. 2011).

Opinion

MEMORANDUM OF DECISION AFTER REMAND FROM THE SECOND CIRCUIT COURT OF APPEALS

VANESSA L. BRYANT, District Judge.

I. INTRODUCTION

The complaint in this action was filed on October 27, 2006. The plaintiff, Lisa Zalaski (“Zalaski”),1 names as defendants the City of Bridgeport Police Department (“the City”) and its Deputy Chief of Police, James J. Honis (“Honis”), in his official and individual capacities (collectively, “the Defendants”). Zalaski alleges, pursuant to 42 U.S.C. § 1983, that the Defendants violated her right to freedom of speech and assembly under the First Amendment. Zalaski’s claims arise from her participation in protest demonstrations in support of animal rights taking place at the plaza outside of the Arena at Harbor Yard (“the Arena”), an approximately 10,000 seat performance venue owned by the City, prior to performances of the Ringling Brothers and Barnum and Baily Circus (“the Circus”). Zalaski seeks declaratory [207]*207and injunctive relief as well as compensatory damages.

On the day the complaint was filed, after holding a hearing, United States District Judge Janet C. Hall granted a temporary restraining order restraining the Defendants from prohibiting Zalaski’s exercise of First Amendment rights at the Circus event scheduled for later that day. [Doc. # 8]. Three months later, on January 23, 2007, 2007 WL 201245, Judge Hall denied the City’s motion to dismiss the complaint for failure to name a necessary party. [Doc. #20]. Thereafter, the case was transferred to the undersigned. In anticipation of additional performances by the Circus at the Arena in October 2007, Zalaski sought a renewal of the temporary restraining order entered by Judge Hall. Specifically, Zalaski sought an order restraining the Defendants from prohibiting demonstrations closer than 80 feet from the two main entrances to the Arena. The Court denied Zalaski’s motion, holding that the plaza outside the Arena was not a “traditional public forum” which would require the highest level of scrutiny of any government restriction of First Amendment activity taking place therein. [Doc. # 66]. The Court assumed arguendo that the plaza was a “limited public forum,” and held that the City’s 80-foot restriction was a permissible restriction upon Zalaski’s First Amendment activity because it was content-neutral, served a significant government interest, and left an ample alternative channel of communication available to Zalaski. Id. However, the Court reserved final determination of whether the plaza constituted a limited public forum until the filing of dispositive motions. Id.

On December 11, 2007, the Defendants filed a motion for summary judgment. [Doc. # 71], On June 20, 2008, the Court granted the Defendants’ motion, holding, consistent with the earlier decision on Zalaski’s motion for a temporary restraining order, that the 80-foot restriction was a permissible restriction on her First Amendment activity. [Doc. #84]. The Court noted that Zalaski had failed to present any evidence in opposition to summary judgment that the plaza could be a traditional public forum.

Zalaski appealed the Court’s entry of summary judgment for the Defendants. On July 27, 2010, the United States Court of Appeals for the Second Circuit issued a split decision vacating and remanding the summary judgment ruling. Zalaski v. City of Bridgeport Police Dept., 613 F.3d 336 (2d Cir.2010). The majority held that this Court had not sufficiently explained its reasoning for concluding that the plaza is a limited public forum rather than a traditional public forum, and therefore remanded with the instruction to “undertake a comprehensive forum analysis[.]” Id. at 343. Judge Wesley dissented, expressing the view that the grant of summary judgment to the Defendants was proper because there was no evidence in the re'cord to support Zalaski’s claim that the plaza is a traditional public forum. Id. at 343-45. For the reasons set forth below, the Court reaffirms its earlier decision entering summary judgment for the Defendants.

II. FACTUAL BACKGROUND

This case arises from a protest that took place on October 25, 2006 in an entertainment complex in Bridgeport, Connecticut that includes a ballpark known as Harbor Yard, an entertainment arena known as the Arena at Harbor Yard, and a parking garage for patrons. The complex is owned by the City of Bridgeport and managed by Centerplate, a private organization, pursuant to the terms of an Operating Agreement. The Arena is a 10,000 seat multipurpose performance facility used for sporting events, shows, concerts, and other [208]*208events. See Operating Agreement, Recitals ¶ D (describing the purpose of the complex as creating a venue for “major national sporting and musical, cultural, family and community events” which “will be an important factor in the continued encouragement, promotion, attraction, stimulation, development, growth and expansion of business, commerce and tourism within the City”).

There is a large, semi-circular paved area in front of the Arena known as “the plaza.” The plaza area was included in the facility design to provide patrons safe and efficient access to the Arena entrances, the will call window, and the ticket sales offices. Def. 56(a)(1) Statement ¶¶ 6-7. According to the Defendants, it is not a public thoroughfare and is under the exclusive control of Centerplate. Id. ¶¶ 11-12. The plaza is bordered by a grassy area, then a semi-circular private driveway for patrons to drop off passengers. Id. ¶¶ 6-7. The drive is bordered by a landscaped area that demarcates the end of the Arena property, which is adjacent to the public sidewalk. Id. The complex is surrounded by on all sides by public streets or Metro North Railroad tracks. Groups leasing the Arena for a performance have a contractual right to use the plaza area to promote the event and sell goods, and they frequently use the area for such purposes by setting up booths or displays. Id. ¶¶ 8-10.

Under the Operating Agreement, Centerplate has “the exclusive right to manage and operate the Facility[.]” Operating Agreement, Recitals ¶ B. The City’s only responsibility in regard to events held at the Arena is shared security and traffic control pursuant to the State of Connecticut’s responsibility to ensure public safety as required by Connecticut General Statutes Section 7-148. Id. Article IV, Section 4.8. The Operating Agreement states that “the City shall take all necessary action to determine the police, security and on-site and off-site traffic control benefits necessary for safe operation of the Facility.” Id. Section 4.8.1. The agreement further provides that the City “shall be solely responsible for parking control pursuant to Section 18.14 herein and shall provide all measures as are reasonably necessary to manage crowds and direct patrons to and from Events at the Facility.” Id. Section 4.8.1. In addition, the agreement provides that:

The number of officers provided at Events shall be adequate, in the Operator’s reasonable judgment, for the security of those persons attending the particular Event and the provision of security for the Facility and its contents.

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Bluebook (online)
833 F. Supp. 2d 205, 2011 WL 2533666, 2011 U.S. Dist. LEXIS 68413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friends-of-animals-inc-v-city-of-bridgeport-ctd-2011.