Women's Health Link v. Fort Wayne Public Transportation Corp.
Description: The city of Fort Wayne’s public transportation company refused to accept an ad from a life-affirming health care referral service for women in need. Citilink denied Women’s Health Link’s request simply because its website contains information on “controversial issues,” the city-run company says.
7th Circuit: City unconstitutionally denied ad for Indiana women in need
Wednesday, Jun 22, 2016
CHICAGO – The U.S. Court of Appeals for the 7th Circuit ruled Wednesday that the bus system of Fort Wayne, Ind., unconstitutionally refused to accept an ad from Women’s Health Link, a life-affirming health care referral service for women in need.
ADF attorneys filed a federal lawsuit in April 2014 against Citilink for denying the ad because the city-run bus company said the referral service’s website contains information on “controversial issues.” In February, ADF attorneys appealed a district court’s decision in Women’s Health Link v. Fort Wayne Public Transportation Corp. to uphold the bus company’s ban.
“A government shouldn’t be censoring ads from a group like Women’s Health Link when it is running nearly identical ads from other groups, such as The United Way. The 7th Circuit’s decision rightly understands that the First Amendment protects freedom of speech for all people, regardless of their political, moral, or religious views,” said ADF Senior Counsel Theriot, who argued before the 7th Circuit earlier this month. “The city of Fort Wayne’s bus system has a responsibility, like all other government entities, to ensure equal access to community advertising forums that it creates.”
Women’s Health Link is a free referral resource for women seeking physical, emotional, spiritual, or mental health care. In November 2013, Women’s Health Link asked to place advertising cards in the interior of Citilink’s buses that contained a picture of a young woman and the tagline “You’re Not Alone” along with the center’s contact information.
The ad is virtually indistinguishable from a United Way ad and health-related government ads that Citilink approved. ADF attorneys argued that the bus system unconstitutionally prohibited Women’s Health Link’s ad because of its life-affirming ideology and association with a pro-life group.
The 7th Circuit’s decision recognized that Women’s Health Link’s ad “complies fully with the conditions set forth in Citilink’s rules” and found that the ad “is a public service announcement that does not so much as hint at advocating or endorsing any political, moral, or religious position… Yet the district judge granted summary judgment in favor of Citilink. He shouldn’t have.”
Thomas M. Dixon, with Dixon, Wright & Associates, P.C., is local counsel in the case on behalf of Women’s Health Link.
ADF attorneys filed a federal lawsuit in April 2014 against Citilink for denying the ad because the city-run bus company said the referral service’s website contains information on “controversial issues.” In February, ADF attorneys appealed a district court’s decision in Women’s Health Link v. Fort Wayne Public Transportation Corp. to uphold the bus company’s ban.
“A government shouldn’t be censoring ads from a group like Women’s Health Link when it is running nearly identical ads from other groups, such as The United Way. The 7th Circuit’s decision rightly understands that the First Amendment protects freedom of speech for all people, regardless of their political, moral, or religious views,” said ADF Senior Counsel Theriot, who argued before the 7th Circuit earlier this month. “The city of Fort Wayne’s bus system has a responsibility, like all other government entities, to ensure equal access to community advertising forums that it creates.”
Women’s Health Link is a free referral resource for women seeking physical, emotional, spiritual, or mental health care. In November 2013, Women’s Health Link asked to place advertising cards in the interior of Citilink’s buses that contained a picture of a young woman and the tagline “You’re Not Alone” along with the center’s contact information.
The ad is virtually indistinguishable from a United Way ad and health-related government ads that Citilink approved. ADF attorneys argued that the bus system unconstitutionally prohibited Women’s Health Link’s ad because of its life-affirming ideology and association with a pro-life group.
The 7th Circuit’s decision recognized that Women’s Health Link’s ad “complies fully with the conditions set forth in Citilink’s rules” and found that the ad “is a public service announcement that does not so much as hint at advocating or endorsing any political, moral, or religious position… Yet the district judge granted summary judgment in favor of Citilink. He shouldn’t have.”
Thomas M. Dixon, with Dixon, Wright & Associates, P.C., is local counsel in the case on behalf of Women’s Health Link.
- Pronunciation guide: Theriot (TAIR’-ee-oh)
Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
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Previous News Releases
ADF to 7th Circuit: City unjustly denied ad for Indiana women in need
Wednesday, Jun 1, 2016
ADF appeals decision against bus ad aimed at Indiana women in need
Thursday, Feb 4, 2016
Court says bus system can ban ad aimed at Indiana women in need
Tuesday, Jan 5, 2016
ADF to court: City unjustly denied ad for Ind. women in need
Friday, May 8, 2015
ADF to court: City can't discriminate against referral service for women in need
Friday, Jul 11, 2014
Ind. referral service for women in need too 'controversial' for city buses
Tuesday, Apr 8, 2014
Legal Documents
Notice of appeal: Women’s Health Link v. Fort Wayne Public Transportation Corp.
7th Circuit opinion: Women’s Health Link v. Fort Wayne Public Transportation Corp.
Complaint: Women’s Health Link v. Fort Wayne Public Transportation Corp.
Preliminary injunction motion and brief: Women’s Health Link v. Fort Wayne Public Transportation Corp.
Denial of motion for preliminary injunction: Women’s Health Link v. Fort Wayne Public Transportation Corp.
Summary judgment opinion and order: Women’s Health Link v. Fort Wayne Public Transportation Corp.
Related Resources
ABOUT Kevin Theriot
Kevin Theriot serves as senior counsel with Alliance Defending Freedom, where he is a key member of the Center for Life Team working to defend pro-life laws and speech and protect medical rights of conscience. He has litigated cases in the areas of religious freedom, the sanctity of life, and marriage and family. Theriot is admitted to the bar in eight states, the U.S. Supreme Court, and numerous other federal courts of appeal and district courts. Theriot received his law degree from Vanderbilt University and has been litigating First Amendment issues since 1993.