YOUNG ISRAEL v. HILLSBOROUGH AREA REG'L TRANSIT

No. 22-11787.

89 F.4th 1337 (2024)

YOUNG ISRAEL OF TAMPA, INC., Plaintiff-Appellee, v. HILLSBOROUGH AREA REGIONAL TRANSIT AUTHORITY, Defendant-Appellant, Adelee Le Grand, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

Filed: January 10, 2024.


Attorney(s) appearing for the Case

Luke William Goodrich , Joseph Charles Davis , William J. Haun , The Becket Fund for Religious Liberty, Washington, DC, Howard Slugh , Jewish Coalition for Religious Liberty, Washington, DC, Edward Mark Wenger , Holtzman Vogel, PLLC, Washington, DC, for Plaintiff-Appellee.

David W. Adams , Zachary J. Glaser , Bennett Jacobs & Adams, PA, Tampa, FL, for Defendant-Appellant.

Alexander Barrett Bowdre, Edmund Gerard LaCour, Jr., Alabama Attorney General's Office, Montgomery, AL, Andrew Reid Harris, Office of Governor of Alabama, Legal Office, Montgomery, AL, for Amici Curiae State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of Virginia, Tate of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of New Hampshire, State of Ohio, and State of South Carolina.

Paul J. Zidlicky, Sidley Austin, LLP, Washington, DC, for Amici Curiae Professor Richard Garnett, Professor Nicole Ste. Garnett, Professor Michael P. Moreland, Professor Robert J. Pushaw, Professor Kate Stith, and Professor Eugene Volokh.

Gene C. Schaerr, Megan Shoell, Schaerr Jaffe, LLP, Washington, DC, Joshua James Prince, Law Office of Joshua James Prince, Rigby, ID, for Amicus Curiae Protect the First Foundation.

Blaine Evanson, Gibson Dunn & Crutcher, LLP, Irvine, CA, John Matthew Butler, Gibson Dunn & Crutcher, LLP, Washington, DC, Macey Olav, Gibson Dunn & Crutcher, LLP, San Francisco, CA, Katie Rose Talley, Gibson Dunn & Crutcher, LLP, Dallas, TX, for Amici Curiae Ethics and Religious Liberty Commission, Christian Legal Society, National Association of Evangelicals, Union of Orthodox Jewish Congregation of America, and Coalition of Jewish Values.

Before Jordan, Newsom, Circuit Judges, and Grimberg, District Judge.


The Hillsborough Area Regional Transit Authority has a policy which prohibits placing, on its vehicles and property, advertisements that "primarily promote a religious faith or religious organization." Young Israel of Tampa, Inc., an Orthodox Jewish synagogue, sued HART in federal court, alleging that its rejection of a proposed...

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