The case stems from the 2020 arrest of two protesters as they chalked “Black Pre-Born Lives Matter” on the sidewalk outside a D.C. Planned Parenthood clinic.
Erica Caporaletti, a 22-year-old student at Towson University, and Warner DePriest, a 29-year-old D.C. resident, who were writing “Black Pre-Born Lives Matter” with chalk on the sidewalk outside a Planned Parenthood facility in Northeast Washington. It is illegal for people to write or mark on any public or private property without a permit.
Caporaletti and DePriest began to write in chalk anyway, and police arrested them. The arrests were captured on video.The groups filed suit in November 2020, but the U.S. District Court for the District of Columbiathe case in September 2021 and said the groups had not “plausibly alleged” that the District had a discriminatory purpose, nor had they sufficiently alleged that the District had a policy of selective enforcement.
“This lopsided prosecutorial response — several arrests for small, chalked pro-life messages and no arrests for widespread ‘Black Lives Matter’ messages — does not comport with the deterrence value or culpability associated with the number of protesters and the scope of defacement, suggesting improper selective enforcement,” Rao wrote.
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