Christopher v. Lawson
| Decision Date | 03 January 2019 |
| Docket Number | Civil Action No. H-18-3943 |
| Parties | Tex CHRISTOPHER, et al., Plaintiffs, v. Rhea LAWSON, et al., Defendants. |
| Court | U.S. District Court — Southern District of Texas |
Mark Christopher Sevier, Houston, TX, pro se.
Eric B. Dick, Dick Law Firm PLLC, Jason Rowe, Rowe Law PLLC, Houston, TX, for Plaintiffs.
Patricia Lynn Casey, M. Lucille Anderson, City of Houston Legal Department, Houston, TX, for Defendants.
Lee H. Rosenthal, Chief United States District JudgeIn October 2018, Tex Christopher, Tracy Shannon, Pastor Calvin Miller, and Mark Christopher Sevier sued Rhea Lawson, in her official capacity as the Executive Director of the Houston Public Library, and Sylvester Turner, in his official capacity as the Mayor of Houston. The plaintiffs allege that "Drag Queen Storytime," a monthly event held at the Houston Public Library, violates the Establishment Clause of the First Amendment to the United States Constitution. (Docket Entry No. 1). Requesting temporary, preliminary, and permanent injunctive relief under 42 U.S.C. § 1983, the plaintiffs claim that the Library's partnership with "Drag Queen Storytime" unlawfully advances an alleged religion, "secular humanism." (Id. at ¶¶ 1–2, 5, 65–77).
In November 2018, Lawson and Turner moved to dismiss under Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction, and under Rule 12(b)(6) for failure to state a claim on which relief can be granted. (Docket Entry No. 48). The plaintiffs responded, the defendants replied, and the parties submitted supplemental briefs on constitutional standing. (Docket Entry Nos. 42, 43, 56, 59, 60).
Based on a careful review of the motion, response, reply, the parties' briefs, the record, and the applicable law, the court grants the motion and dismisses the complaint, without prejudice. (Docket Entry Nos. 1, 48). The reasons are detailed below.
The complaint alleges the following facts, accepted as true for the purpose of the defendants' motion to dismiss. The Library first advertised "Drag Queen Storytime" on its website in the summer of 2018:
(Docket Entry No. 1 at ¶ 22; Docket Entry No. 48 at 16).
The plaintiffs have religious objections to "drag queens," the Lesbian-Gay-Bisexual-Transgender-Questioning ("LGBTQ") community, and same-sex marriage. (See Docket Entry No. 1 at ¶¶ 5, 11, 47; Docket Entry No. 44 at ¶ 6 () ). Asserting that "Drag Queen Storytime" "violate[s] community standards of decency," the plaintiffs "do not want themselves or their children to be exposed to the exhibition." (Docket Entry No. 9 at 13, 18). They complained to Library officials, demanding that the Library terminate "Drag Queen Storytime." (Docket Entry No. 1 at ¶ 12).
The Library issued a statement in response:
Throughout their history, American public libraries have been on the front lines of promoting inclusivity and dispelling intolerance. The Houston Public Library is committed to celebrating the diverse and culturally rich communities here in Houston through a broad array of programs and resources we offer. All our programs are free, open to the public, and accessible by choice.
(Id. at ¶ 30). The plaintiffs disagree, asserting that Library is "intolerant of anyone who [finds] homosexuality [to be] immoral." (Id. ).
According to the complaint, the plaintiffs "pay and will continue to pay taxes of every kind in Harris County." (Id. at ¶ 55; see id. at ¶ 11; Docket Entry No. 44 at ¶ 5; Docket Entry No. 45 at ¶ 8; Docket Entry No. 46 at ¶ 5). Pastor Miller and Christopher are Library members, and Sevier "secured a Library card for" a religious organization's "members to use." (Docket Entry No. 44 at ¶ 5; Docket Entry No. 45 at ¶ 8; Docket Entry No. 46 at ¶ 5).1 The plaintiffs "check out books" and "rent DVDs" from, and "pay for printing" services at, the Library, and they are "responsible for [Library] late fees." (Id. ). The plaintiffs "have residents [sic] in Houston," and they also rent commercial property in Texas. (Docket Entry No. 1 at ¶ 11; Docket Entry No. 42 at 7–8).
The plaintiffs claim that the "Library is a public place," and that they have "encountered promotional materials" for "Drag Queen Storytime." (Docket Entry No. 44 at ¶¶ 4, 6; Docket Entry No. 45 at ¶¶ 6, 9; Docket Entry No. 46 at ¶¶ 4, 6). The plaintiffs allege that the Library has used government funds to host, promote, and advertise "Drag Queen Storytime," and that the Library spent money to "special[ly] order" the books for the event. (Docket Entry No. 1 at ¶ 71). "Drag Queen Storytime" is a nonsecular event, the plaintiffs assert, because the LGBTQ community is associated with an alleged religion, secular humanism. (Id. at ¶¶ 5, 12, 71). The plaintiffs allege that Lawson has violated Library policies by advancing secular humanism over other religions, including Christianity, and that she has "regularly denied Christian groups—including ones that the [p]laintiffs are part of—to have Christian related events, even in designated public forums." (Id. at ¶ 29; Docket Entry No. 44 at ¶ 4; Docket Entry No. 45 at ¶ 7; Docket Entry No. 46 at ¶ 4).
In October 2018, after the Library hosted two sessions of "Drag Queen Storytime," the plaintiffs sued Lawson and Turner. (Docket Entry No. 1). They also applied for a temporary restraining order to enjoin the "Drag Queen Storytime" scheduled for October 27, 2018. (Docket Entry Nos. 3, 8). The plaintiffs argue that they are entitled to relief because hosting "Drag Queen Storytime" in the Library advances religion, and a particular religion, in violation of the Establishment Clause. (Docket Entry No. 1 at ¶ 71). The court denied the plaintiffs' application for temporary relief and Sevier's motion for recusal. (Docket Entry Nos. 3, 25, 38, 41). The plaintiffs then applied for additional temporary restraining orders, and the court ordered the parties to brief constitutional standing before ruling on those applications. (Docket Entry Nos. 29, 32, 34). Lawson and Turner moved to dismiss under Rules 12(b)(1) and 12(b)(6), the plaintiffs responded, and the defendants replied. (Docket Entry Nos. 48, 59, 60, 62).
The motion to dismiss and the parties' arguments are analyzed below.
Rule 12(b)(1) governs challenges to a court's subject-matter jurisdiction. "[A] claim is properly dismissed for lack of subject-matter jurisdiction when the court lacks the statutory or constitutional power to adjudicate the claim." In re FEMA Trailer Formaldehyde Prods. Liab. Litig. (Miss. Plaintiffs) , 668 F.3d 281, 286 (5th Cir. 2012) (quotation omitted). "Courts may dismiss for lack of subject matter jurisdiction on any one of three different bases: (1) the complaint alone; (2) the complaint supplemented by undisputed facts in the record; or (3) the complaint supplemented by undisputed facts plus the court's resolution of disputed facts." Clark v. Tarrant Cty., Tex. , 798 F.2d 736, 741 (5th Cir. 1986) (citing Williamson v. Tucker , 645 F.2d 404, 413 (5th Cir. 1981) ).
The plaintiff bears the burden of demonstrating that subject-matter jurisdiction exists. See Ramming v. United States , 281 F.3d 158, 161 (5th Cir. 2001). When examining a factual challenge to subject-matter jurisdiction under Rule 12(b)(1), which does not implicate the merits of the plaintiff's cause of action, the district court has substantial authority to "weigh the evidence and satisfy itself as to the existence of its power to hear the case." Williamson , 645 F.2d at 413 (quotation omitted). "[A] motion to dismiss for lack of subject matter jurisdiction should be granted only if it appears certain that the plaintiff cannot prove any set of facts in support of his claim that would entitle [the] plaintiff to relief." Ramming , 281 F.3d at 161 (citing Home Builders Ass'n of Miss., Inc. v. City of Madison, Miss. , 143 F.3d 1006, 1010 (5th Cir. 1998) ).
Rule 12(b)(6) allows dismissal if a plaintiff fails "to state a claim upon which relief can be granted." FED. R. CIV. P. 12(b)(6). Rule 12(b)(6) must be read in conjunction with Rule 8(a), which requires "a short and plain statement of the claim showing that the pleader is entitled to relief." FED. R. CIV. P. 8(a)(2). A complaint must contain "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Rule 8"does not require ‘detailed factual allegations,’ but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly , 550 U.S. at 555, 127 S.Ct. 1955 ). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. (citing Twombly , 550 U.S. at 556, 127 S.Ct. 1955 ). "The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. (quoting Twombly , 550 U.S. at 556, 127 S.Ct. 1955 ).
"To withstand a Rule 12(b)(6) motion, the complaint must allege ‘more than labels and conclusions,’ " and "a formulaic recitation of the elements of a cause of action will not do."...
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