Better Path Coalition Planning Group v. City of Harrisburg

The federal district court for the Middle District of Pennsylvania denied the City of Harrisburg and the Harrisburg mayor’s motion to dismiss First Amendment claims brought by the organizers of an annual event to raise awareness about climate change. The court found that the plaintiffs’ allegations, taken as true, adequately stated claims that the City’s requirements for use of a City park, the fees allegedly charged for use of City streets and sidewalks, and the permitting scheme for banners on City-owned utility poles violated the plaintiffs’ First Amendment rights.

Three weeks after a coalition of organizations planning a June gathering of climate activists and the public filed a lawsuit alleging that the City of Harrisburg, Pennsylvania’s system for regulating use of its traditional public forums violated the First Amendment, the plaintiffs and the City defendants agreed to an interim settlement that would permit the event to proceed. The defendants also agreed to negotiate with the plaintiffs regarding changes to the City’s ordinances and regulations regarding use of City parks, City streets, and other public forums for First Amendment-protected expressive activities. The litigation was stayed pending further order of the court.