TAMPA – A February 5 lawsuit against HART (Hillsborough Area Regional Transit) depicts current times and the nation’s struggle to either abolish or protect religious freedom in the public square.
Young Israel of Tampa, an Orthodox Jewish synagogue, has sued HART and directly its Chief Executive Officer, Adelee Le Grand, and its Deputy Chief of Transportation, Ruthie Reyes Burckard.
At issue is HART’s rejection of placing advertisements on a nearby bus route for the synagogue’s annual “Chanukah on Ice.” HART executives said they rejected that advertisement because it included the religiously-symbolic menorah and mention of a “lighting ceremony” of the candles. Rabbi Rivkin, the synagogue’s vice president who wished to place the ads with HART, was deeply offended.
“Chanukah” is known by many as “Hannukah.” The synagogue has held the event for fourteen years.
William Haun, an attorney with the Becket Fund for Religious Liberty headquartered in Washington, D.C., spoke with The Free Press about the case. Becket’s website indicates the organization represents Young Israel of Tampa along with the Jewish Coalition for Religious Liberty and Florida law firm Hopping Green and Sams. Haun said, “Tampa, like other areas in the U.S., prohibits religious advertisements simply because they are religious…The strength of this case is that the First Amendment does not allow for discrimination in the public square. You cannot discriminate on the basis of a viewpoint. Tampa is telling its citizens that religion is prohibited from advertising along with tobacco, alcohol, pornography, and political ads.”
It is also alleged that a HART executive said not even Martin Luther King could advertise under HART’s current policy.
The lawsuit presents fodder for its argument that HART is inconsistent in executing its advertising policies and restrictions. It describes a politicized commercial ad HART accepted from “Rhino Lawyers,” which included a poster containing the political slogan, “No Human Being is Illegal.” It cites seven counts against HART referencing constitutional violations of the First and Fourteenth Amendments.
HART was contracted with Vector Media to manage its advertising affairs, including accepting, editing, or rejecting advertisements. The firm was involved in the rejection of Young Israel of Tampa’s advertisement.
HART responded to the lawsuit’s allegations through its “Answers and Affirmative Defenses,” stating that in the name of “balance of equities and public interests,” Young Israel of Tampa is not entitled to permanent injunctive relief it seeks because “any damage to Plaintiff is outweighed by the impact on employee morale, community opposition, lawsuits, security concerns, vandalism and administrative burdens…” The legal response states HART shaped its advertising policy to provide safe, reliable, non-controversial public transportation throughout Hillsborough County.
It also claims that Young Israel of Tampa cannot prove any irreparable damage done by being rejected to advertise with HART as it has held its “Chanukah on Ice” event for years past without advertising through its public transportation services.
HART also requested the court to strike suits individually against its executives serving in official capacities, as doing so was redundant to suing HART itself.
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