United States District Court, D. Maryland
AMERICAN HUMANIST ASSOCIATION, et al.
MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION.
DEBORAH K. CHASANOW, District Judge.
Presently pending and ready for resolution in this First Amendment case are a motion to appear jointly as amicus curiae and for leave to file an amicus curiae memorandum in support of Defendant submitted by eleven residents of Maryland (ECF No. 11), and a motion to intervene filed by the American Legion, the American Legion Department of Maryland, and the American Legion Colmar Manor Post 131 (ECF No. 14). The issues have been fully briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, the motion to appear jointly as amicus curiae and for leave to file an amicus curiae memorandum will be granted in part. The motion to intervene will be granted.
On February 25, 2014, the American Humanist Association ("AHA"), Steven Lowe, Fred Edwords, and Bishop McNeill (collectively, "Plaintiffs") filed a complaint against the Maryland-National Capital Park and Planning Commission ("the Commission" or "Defendant") seeking a declaratory judgment, injunctive relief, and nominal compensatory damages. (ECF No. 1). The AHA is a nonprofit organization that "advocates progressive values and equality for humanists, atheists, and freethinkers." ( Id. ¶ 5). According to the complaint, "AHA's legal center is dedicated to advancing and preserving the constitutional mandate of separation of church and state, the constitutional protections found in the Bill of Rights, and, in particular, the First Amendment to the United States Constitution." ( Id. ). Plaintiffs Steven Lowe and Fred Edwords are members of AHA and residents of Prince George's County, Maryland. Bishop McNeil does not purport to be an AHA member, but has been a resident of Beltsville, Maryland for at least eight months. ( Id. ¶ 10).
Plaintiffs allege that Defendant violated the Establishment Clause of the First Amendment of the United States Constitution by owning, maintaining, and prominently displaying the Memorial Peace Cross in Bladensburg, Maryland ("the Peace Cross"). The Peace Cross is a war memorial dedicated to World War I veterans. ( Id. ¶ 26). The complaint asserts that the construction of the Peace Cross traces back to 1918, and that Defendant now owns the Peace Cross and the property on which it stands. ( Id. ¶ 44). According to the complaint, Plaintiff Lowe has driven by the Peace Cross since 1982 and "believes that the Bladensburg Cross associates a Christian religious symbol with the State and gives the impression that the State supports and approves of Christianity, as opposed to other religions, and that the state may even prefer Christians and Christianity over other religions." ( Id. ¶ 7). Plaintiffs Edwords and McNeill share similar sentiments about the Peace Cross as an allegedly religious symbol displayed on public property. Plaintiffs assert that Defendant violated the First Amendment because the "ownership, maintenance and prominent display on public property of the Bladensburg Cross amounts to the endorsement and advancement of religion (and, specifically, an endorsement of and affiliation with Christianity)." ( Id. ¶ 55).
Defendant answered the complaint. (ECF No. 12). On April 25, 2014, eleven prospective amici curiae moved for leave to appear jointly as amicus curiae in support of Defendant and to file an amicus curiae memorandum. (ECF No. 11). Plaintiffs opposed the motion (ECF No. 39), and the prospective amici curiae replied (ECF No. 40). On May 1, 2014, The American Legion, The American Legion Department of Maryland, and The American Legion Colmar Manor Post 131 moved to intervene as defendants in this case. (ECF No. 14). Plaintiffs also opposed this motion (ECF No. 34), and prospective intervenors replied (ECF No. 45).
A. Amicus Curiae Motion
The following eleven individuals seek to participate as amici curiae in this case: Richard Douglas; Kevin Young; Lori Young; Harry Pitt; Cheryl Pitt; John Dollymore; Christy Dollymore; Ellen J. McNulty; Lynn Cook; Lawrence Wenzel; and Claude E. Petrone (collectively, "the Prospective Amici"). The Prospective Amici contend that they are "citizens and residents of Prince George's County unified by dismay and urgent concern over the Plaintiffs' desire to dismantle the Bladensburg World War One Peace Cross." (ECF No. 11, at 1). The Prospective Amici explain that as Maryland residents, they are directly affected by the declaratory and injunctive relief sought here. They further submit that they "wish to be heard by the Court in order to invite the Court's attention to important facts which the Plaintiffs have mischaracterized or even omitted from their [c]omplaint." ( Id. at 2). The Prospective Amici include a proposed brief in support of Defendant's position in which they provide additional history regarding the establishment of the Bladensburg Cross and cite to jurisprudence from the United States Supreme Court, which they believe sheds light on the proper analysis of First Amendment claims akin to Plaintiffs' claim. ( See ECF No. 11-2). They indicate that they do not seek to participate in discovery or oral argument in this case; they seek only to file memoranda in support of Defendant. (ECF No. 11, at 1).
There is no Federal Rule of Civil Procedure that applies to motions for leave to appear as amicus curiae in a federal district court. District courts therefore have discretion whether to grant or deny such leave and often look for guidance to Rule 29 of the Federal Rules of Appellate Procedure, which applies to amicus briefs at the federal appeals level. See, e.g., Jin v. Ministry of State Sec., 557 F.Supp.2d 131, 136 (D.D.C. 2008); Tafas v. Dudas, 511 F.Supp.2d 652, 660 (E.D.Va. 2007); Bryant v. Better Bus. Bureau of Greater Md., Inc., 923 F.Supp.2d 720, 728 (D.Md. 1996); Washington Gas Light Co. v. Prince George's County Council, Civ. Action No. DKC 08-0967, 2012 WL 832756, at *3 (D.Md. Mar. 9, 2012). Rule 29 indicates that amici should state "the reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the case." Fed.R.App.P. 29(b)(2). As noted by Judge Davis in Bryant, "[t]he aid of amici curiae has been allowed at the trial level where they provide helpful analysis of the law, they have a special interest in the subject matter of the suit, or existing counsel is in need of assistance." Bryant, 923 F.Supp. at 728 ( citing Waste Mgmt. of Pa., Inc. v. City of York, 162 F.R.D. 34, 36 (M.D.Pa. 1995).
In their opposition, Plaintiffs state that they "do not object in principle to [the Prospective Amici] being permitted to file a brief in support [of Defendant] without participating in discovery or oral argument, " but believe that the brief is premature as no motions have been filed yet by the parties. (ECF No. 39, at 1). Plaintiffs also object to the proposed memorandum because they contend that it attempts to introduce facts outside of the complaint without supporting affidavits, which would be inappropriate on a motion for summary judgment even if the brief were to be considered at the motions stage. They request that the motion be denied with leave to refile at an appropriate time and with a memorandum that complies with Fed.R.Civ.P. 56(c). The Prospective Amici counter that "[w]hether the Memorandum is filed on April 24 or six months later, the facts are unlikely to change, " and that the information contained in the brief seeks to clarify context for the court and should not be held to the same standards applied to the parties in this case. (ECF No. 40, at 1-2).
The Prospective Amici have demonstrated a special interest in the outcome of the suit. They also have submitted a proposed memorandum in support of Defendant, which provides helpful information to the court. No motions have been filed by the parties in this case, however. Thus, it is unclear how the memorandum aids in the resolution of this matter, as there is no decision to be made yet. Allowing the Prospective Amici to participate as amici curiae does not appear to prejudice Plaintiffs or delay the proceedings, but a "motion for leave to file an amicus curiae brief... should not be granted unless the court deems the proffered information timely and useful.'" Bryant, 923 F.Supp. at 728 ( quoting Yip v. Pagano, 606 F.Supp. 1566, 1568 (D.N.J. 1985)) (emphasis added). Accordingly, the Prospective Amici will be permitted to participate as amicus curiae; the proposed memorandum will not be considered at this time, but may be refiled at a later juncture. The Prospective Amici may seek leave to file an amicus curiae memorandum in support of Defendant if and when dispositive motions are filed.
B. Motion to Intervene
The following entities have moved to intervene as defendants in the case: the American Legion; the American Legion Department of Maryland; and the American Legion Colman Manor Post 131 (collectively, "the Putative Intervenors"). (ECF Nos. 14 & 15). As the Putative Intervenors explain, the American Legion is a wartime veterans service organization dedicated to promoting support for American military veterans; the American Legion Department of Maryland is responsible for the Legions's activities and membership within the state; and the American Legion Post 131 is a ...