Dist. Ct. did not err in granting defendant-City’s motion for summary judgment in plaintiff-café’s section 1983 action, alleging that defendant violated plaintiff’s First Amendment rights by issuing public health violations and scheduling hearing to revoke plaintiff’s food and drink license in retaliation for plaintiff’s brief posting of sign that encouraged patrons to take off their masks prior to entering café in response to defendant’s issuance of COVID-19 mask mandate. Fact that defendant eventually canceled hearing and dismissed citations did not render plaintiff’s lawsuit moot, where plaintiff experienced concrete injury beyond issuance of citations and cancellation of hearing, since plaintiff was forced to move locations because of defendant’s actions. However, plaintiff could not establish viable Monell First Amendment claim, where plaintiff failed to plead prior pattern of similar misconduct against other businesses resulting from any policy maintained by defendant.
Federal 7th Circuit Court
Civil Court
First Amendment