Federal judge rejects DC Archdiocese's request to run Christmas ads on buses

A WMATA 38B/Ballston Metrobus bus in Washington, D.C. is featured in this image. | Wikimedia Commons/Tony Webster

A federal judge has rejected an injunction request by the Catholic Archdiocese of Washington D.C. to post Christmas advertisements on Washington Metropolitan Area Transit Authority (WMATA) buses.

The archdiocese filed a federal lawsuit against WMATA on Nov. 28, arguing that the policy banning advertisements "that promote or oppose any religion, religious practice or belief" was unconstitutional.

According to WTOP, the archdiocese has requested an injunction that would have ordered the Metro to post a Christmas advertisement on buses across the region. However, U.S. District Judge Amy Berman Jackson denied the request, arguing that WMATA's advertising policy is likely legal and reasonable as it is not based on whether the agency opposes the advertiser's particular views.

The advertisement in question features the words "Find the Perfect Gift," along with silhouetted images of three shepherds, two sheep, and a number of stars — including a particularly bright star. It also points to a website that promotes mass times and church worship in D.C.

"The advertisement does not seek to address a general, otherwise permissible topic from a religious perspective — the sole purpose of directing the public to www.findtheperfectgift.org is to promote religion. The website declares: 'JESUS is the perfect gift. [F]ind the perfect gift of God's love this Christmas,'" the judge wrote.

The lawsuit claimed that the Metro's rejection of the advertisement is a violation of the archdiocese's right to freedom of speech and free exercise of religion.

Jackson, however, said that the archdiocese is not likely to succeed in the case based on free speech claims or other First Amendment concerns.

The judge also stated that there is no reason to believe that the WMATA violated the rights of the Catholic church, given that the agency ran an advertisement promoting donations to the Salvation Army. She also rejected claims that the Metro was showing double standards by accepting advertisements from the Salvation Army and a yoga studio.

Ed McFadden, the Secretary for Communications for the Archdiocese of Washington, expressed disappointment with the judge's decision to deny its request for an injunction and said that the archdiocese will continue to pursue the case.

"While this preliminary ruling that there should be no room granted for us on WMATA buses is disappointing, we will continue to pursue and defend our right to share the important message of Christmas in the public in the coming days," McFadden stated.

Metro's policy of banning religious advertisement was implemented in 2015 after an activist group submitted a cartoon depicting the Islamic prophet Muhammad to run as an advertisement at Metrorail stations and on buses.