On May 10, 2021, the Hamilton Lincoln Law Institute filed suit against the District of Columbia, Mayor Muriel Bowser, and Attorney General Karl Racine to block the enforcement of the newly enacted rule banning wedding dancing, a unique form of expressive activity protected by the First Amendment.
On April 26, 2021, Mayor Bowser signed Order 2021-060. For the first time since the COVID-19 pandemic began, this order contained a specific ban on wedding dancing, this despite the general loosening of other restrictions in the order. The ban is categorical. It does not matter whether the reception is indoors or outdoors, whether there are limited attendees, and whether those attendees are vaccinated, socially distanced, or masked.
Months before this ban was implemented, Margaret Appleby, who HLLI represents along with the Liberty Justice Center, booked her wedding venue in D.C. for June 6. Believing the restrictions did not contain a ban on wedding dancing, Appleby booked a venue for her wedding and reception that allowed dancing. To ensure the safety of those in attendance, Appleby agreed to certain protocols to ensure that the dancing was performed responsibly and in accord with all other applicable restrictions. Appleby was then blindsided by D.C.’s ban on wedding dancing.
But the ban is more than an inconvenience, it is also irrational and unconstitutional. Wedding dancing is expressive activity protected by the First Amendment. By singling out this entire mode of expression, the ban is inherently suspect. Moreover, the complete ban is not narrowly tailored to advance D.C’s interest in public health. The order permits fitness dance classes, recreational dancing competitions, and even exotic dancing in front of up to 500 patrons at the strip club. “The first Amendment does not permit the District to irrationally discriminate against wedding dancing, while simultaneously allowing equally dangerous, though less expressive, activities to continue without remark,” said Adam Schulman, a senior attorney with the Hamilton Lincoln Law Institute.
Appleby intended to seek preliminary injunctive, but the district effectively granted his relief before the court could rule. The wedding took place as planned.
Case Documents
| Description | |
| May 10, 2021 | COMPLAINT of Margaret Appleby |