The D.C. Circuit has upheld a guideline of the Washington Metropolitan Area Transit Authority (WMATA), which provides that: “Advertisements that promote or oppose any religion, religious practice or belief are prohibited” on its buses and trains. The guideline was challenged by the Archdiocese of Washington, which sought an injunction to prevent the guideline from going into effect. The district court denied its motion for a preliminary injunction, and the D.C. Circuit affirmed, holding that because the archdiocese has not demonstrated a likelihood of prevailing on the merits or that the equities weigh favorably, it has not met the demanding standard for a mandatory preliminary injunction.
Sanford Hausler is of counsel with Cox Padmore Skolnik & Shakarchy LLP in New York, New York.