Bongo Productions LLC et al v. Lawrence et al
What's at Stake
Two businesses owners in Tennessee are challenging a new, first-of-its-kind Tennessee law that would require businesses and other entities that open their facilities to the public and allow transgender people to use the restroom that matches their gender to post a government-prescribed warning sign. The ACLU and the ACLU of Tennessee filed the lawsuit in federal court and claim it violates the First Amendment rights of the business owners.
Summary
Kye Sayers, owner of the Sanctuary performing arts and community center in Chattanooga and Bob Bernstein, owner of Fido restaurant in Nashville, have informal policies allowing customers to determine which restroom is appropriate for them, and have not had any complaints or concerns raised about their restroom policies.
If the law goes into effect, any business that fails to prevent transgender and intersex people from using the restroom that most aligns with who they are would be forced to post signs with the word “NOTICE” in yellow on a red background at the top, followed by text stating, “THIS FACILITY MAINTAINS A POLICY OF ALLOWING THE USE OF RESTROOMS BY EITHER BIOLOGICAL SEX, REGARDLESS OF THE DESIGNATION ON THE RESTROOM,” or face criminal charges. The law is scheduled to go into effect on July 1.
While courts have recognized that businesses can be required to display factual and noncontroversial information, they have repeatedly ruled that forcing a business owner to display a sign for the sole purpose of promoting a political viewpoint is unconstitutional.
UPDATE: On May 17, 2022, the district court issued a permanent injunction striking down the law.
Legal Documents
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05/17/2022
Opinion Granting Plaintiff's Motion for Summary Judgment -
01/31/2022
Plaintiffs' Motion for Summary Judgment -
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01/31/2022
Memo in Support of Plaintiffs' Motion for Summary Judgment -
01/31/2022
Plaintiffs' Statement of Facts -
03/02/2022
Defendants' Response to Plaintiffs' Statement of Facts -
03/11/2022
Plaintiffs' Reply in Support of Motion for Summary Judgment
Bongo Productions LLC et al v. Lawrence et alLegal DocumentsMemo in Support of Plaintiffs' Motion for Summary JudgmentDate Filed: 01/31/2022
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
Bongo Productions LLC et al v. Lawrence et alLegal DocumentsPlaintiffs' Statement of FactsDate Filed: 01/31/2022
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
Bongo Productions LLC et al v. Lawrence et alLegal DocumentsDefendants' Response to Plaintiffs' Statement of FactsDate Filed: 03/02/2022
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
Bongo Productions LLC et al v. Lawrence et alLegal DocumentsPlaintiffs' Reply in Support of Motion for Summary JudgmentDate Filed: 03/11/2022
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
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01/31/2022
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06/25/2021
Motion for Preliminary Injunction -
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07/07/2021
Response in Opposition to Motion for Preliminary Injunction -
07/09/2021
Order Granting Preliminary Injunction
Bongo Productions LLC et al v. Lawrence et alLegal DocumentsResponse in Opposition to Motion for Preliminary InjunctionDate Filed: 07/07/2021
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
Bongo Productions LLC et al v. Lawrence et alLegal DocumentsOrder Granting Preliminary InjunctionDate Filed: 07/09/2021
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
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07/07/2021
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06/25/2021
Complaint -
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06/25/2021
Exhibit A -
06/25/2021
Exhibit B -
07/16/2021
Answer to Complaint
Bongo Productions LLC et al v. Lawrence et alLegal DocumentsExhibit ADate Filed: 06/25/2021
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
Bongo Productions LLC et al v. Lawrence et alLegal DocumentsExhibit BDate Filed: 06/25/2021
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
Bongo Productions LLC et al v. Lawrence et alLegal DocumentsAnswer to ComplaintDate Filed: 07/16/2021
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
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06/25/2021
Date Filed: 05/17/2022
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
Date Filed: 01/31/2022
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
Date Filed: 06/25/2021
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
Date Filed: 06/25/2021
Court: District Court (M.D. Tenn.)
Affiliate: Tennessee
Press Releases
Tennessee Anti-Trans Restroom Sign Law Struck Down
Judge Blocks Tennessee Anti-Trans Restroom Sign Law
ACLU Files Lawsuit Challenging New Tennessee Law Requiring Restroom Warning Signs