BLM Murals: Lawsuit over free speech, art in public right-of-way

In 2020 and 2021, the city of Bloomington took actions that led to the painting of three "Black Lives Matter" murals on the surface of public city streets. The locations of the murals were: Elm Street, 6th Street, and Eagleson Avenue, which as called Jordan Avenue at the time.

An Indiana University student then made a request of the city of Bloomington to paint an "All Lives Matter" mural on Kirkwood Avenue. City officials denied the request. The student and Turning Point USA filed a lawsuit which wound up in federal court, because of the constitutional question it raised.

The phrase "All Lives Matter" is connected to opposition to the "Black Lives Matter" movement. So the legal complaint alleged that when the city of Bloomington took actions that led to the creation of "Black Lives Matter" murals on public streets, but denied the request for an ALM mural, it was discriminating against a viewpoint, in violation of the First Amendment of the US Constitution.

The key legal concepts in the case are speech by the government itself, as contrasted to speech that is made in a limited public forum. The city of Bloomington contends that the "Black Lives Matter" murals were the city government's own speech, not the speech by individuals outside the government, made in a limited public forum. The complaint alleges that the city created a limited public forum, and that in the context of this limited public forum, it could not discriminate against an opposing viewpoint provided by the "All Lives Matter" mural.

Timeline: Litigation prompted by denial of request for ALM Mural

2024-09-10 Government-supported public art. Murals for traffic circles on West 7th Street approved by board of public works. [BSB coverage]
2024-09-03 Activity in court. Cross motions for summary judgement: City of Bloomington files brief in reply to Turning Point USA response. [copy of brief]
2024-09-03 Activity in court. Cross motions for summary judgement: Turning Point USA file reply to Bloomington response. [copy of brief]
2024-08-19 Activity in court. Cross motions for summary judgement: Bloomington files brief in response to Turning Point USA motion for summary judgement. [copy of brief]
2024-08-19 Activity in court. Cross motions for summary judgement: Turning Point USA files brief in response to Bloomington's motion for summary judgement. [copy of brief]
2022-07-22 Activity in court. Cross motions for summary judgement: Bloomington files brief in support of motion for summary judgement in its favor. [copy of brief]
2022-07-22 Activity in court. Cross motions for summary judgement: Turning Point USA files brief in support of summary judgement in its favor. [copy of brief]
2023-06-20 Government-supported public art. Middleway House "Wrapped in Love" installation is adopted as a city program. [BSB coverage]
2023-03-14 Action by city government. The application from Kyle Reynolds for an ALM mural on Kirkwood Avenue is denied by the Bloomington board of public works. [BSB coverage]
2023-03-13 Action by city government. City attorney Mike Rouker recommends that Bloomington's board of public works deny the application from Reynolds for an ALM mural on Kirkwood Avenue. [BSB coverage]
2023-01-04 Activist writes "VOTE" on Madison Street outside Monroe County's Election Central as test of the city's policy on public art in the public right-of-way. [BSB coverage]
2023-01-03 Action by city government. The reply from city attorney Mike Rouker to application by Reynolds for an ALM mural under the city's new policy indicates that the proposed ALM mural does not appear to conform with the prohibition against "speech" and invites Reynolds to submit an alternative application. [BSB coverage]
2022-12 Kyle Reynolds applies for permission to paint ALM mural on Kirkwood Avenue. [BSB coverage]
2022-12-20 Action by city government. Policy on private art installed in public right-of-way approved by board of public works with provision that no "speech" is allowed for "permanent" art installations. [BSB coverage] [copy of public art policy]
2022-11-18 Judicial action. Federal judge issues preliminary injunction requiring Bloomington to create criteria for public art requests in right-of-way, allow application for “All Lives Matter” street mural [BSB coverage] [copy of court order]
2022-06-21 Activity in court. Bloomington replies to Turning Point USA's reply. [copy of brief]
2022-05-11 Activity in court. Turning Point USA replies to Bloomington response [copy of brief]
2022-04-11 Activity in court. Bloomington responds in opposition to motion for preliminary injunction. [copy of brief]
2022-04-11 Activity in court. Bloomington files answer to complaint. [copy of brief ]
2022-03-10 Activity in court. Turning Point USA moves for a preliminary injunction [copy of brief ]
2022-03-09 Activity in court. Case removed to federal court [copy of lower court record]
2022-02-23 Activity in court. Complaint filed in Monroe County superior court by Turning Point USA over denial of request to paint ALM mural on public street in Bloomington. [copy of complaint]
2021-08-03 Action by city government: Retroactive approval. Bloomington public works director Adam Wason submits request for retroactive approval of use of Eagleson Avenue (then called Jordan Avenue) for BLM mural, which the board of public works approves as part of the meeting's consent agenda. [copy of meeting minutes]
2021-08 Government-supported public art: Middle Way House Public Art Display. The board of public works approves a special event application from Middle Way House for its "Wrapped in Love" public art display. From Oct. 1, 2021 to March 1, 2022 trees and light posts in public rights-of-way were wrapped in knitted textiles and yarn to raise awareness and funding for violence victim services.
2021-07 A few weeks after the third Black Lives Matter (BLM) street mural was installed on Jordan/Eagleson Avenue, Kyle Reynolds and the Indiana University Chapter of Turning Point USA start emailing Indiana University and city of Bloomington officials, including public works director Adam Wason, city attorney Mike Rouker, and IU vice president Thomas Morrison requesting approval for an "All Lives Matter" street mural.
2021-07-05 BLM mural is painted on Eagleson Avenue (then called Jordan Avenue). [BSB coverage]
2021-04-17 Preliminary work on 6th Street BLM mural begins. [BSB coverage]
2021-04-13 Action by city government. Assistant arts director Sean Starowitz presents a proposal to the board of public Works for the second BLM mural, this one on 6th Street. It is approved as a part of the board meeting's consent agenda. [copy of meeting minutes] [BSB coverage]
2020-12-01 The city of Bloomington announces a second BLM mural will be painted in spring 2021 on West 6th Street between College Avenue and Walnut Street. Funding comes from repurposed municipal dollars from a canceled project and additional funds from the city's Department of Economic and Sustainable Development. [archived city website page]
2020-11-13 The city of Bloomington issues a press release announcing a virtual dedication ceremony for the completed Elm Street mural. Bloomington mayor John Hamilton states that Bloomington is proud to have the mural and commits to continued engagement on racial justice. [archived city website page]
2020-10-24 The first BLM street mural is painted on Elm Street between 7th and 8th Streets.
2020-09-29 Action by city government. Assistant arts director Sean Starowitz presents Resolution 2020-50 to the Bloomington's board of public works, requesting approval for the use fo Elm Street for the BLM mural. The board unanimously approves the resolution. [copy of meeting minutes]
2020-09-23 Action by city government. Bloomington's city council passes Resolution 20-16 on an 8–0–1 vote (with Dave Rollo abstaining) endorsing two BLM murals: one on Elm Street near the Banneker Center and another at a downtown location. The resolution also calls on the board of public works to approve the use of public right-of-way for the murals. [copy of resolution] [BSB coverage]
2020-07-28 Action by city government. The BLM street mural project, with recommendations for locations on Elm Street and in downtown Bloomington is presented to the board of parks commissioners, which votes unanimously (4–0) to approve the BCCAC's recommendation to proceed. The Bloomington Arts Commission begins soliciting mural proposals, prioritizing Black artists. [copy of meeting minutes]
2020-07-10 Bloomington city employees and the Banneker Community Center Advisory Committee (BCCAC) discuss a proposal for Black Lives Matter (BLM) street murals. They identify three possible locations: Elm Street, Kirkwood Avenue, and Jordan (now Eagleson) Avenue, selecting Elm Street for the first mural.
2020-05-06 Action by city government. Bloomington's city council adopts Resolution 20-06, denouncing hate and affirming values of peace, respect, inclusivity, and equity. [copy of resolution] [BSB coverage]
2018-07 Government-supported public art. Prospect Hill Neighborhood street painting party. The Prospect Hill Neighborhood Association gets approval to paint a mural at the intersection of Fairview and Howe Street. The project is supported by a Neighborhood Improvement Grant, and the final design, called "Common Pollen," features a circular sunflower-like pattern. The neighborhood managed traffic control and obtained necessary permits.
2017-07 Government-supported public art. McDoel Neighborhood street painting party. The McDoel Neighborhood Association receives approval to paint a street mural at the intersection of Fairview and Dodds Street. The project was organized by a subset of the association, and the final design, approved by city engineers, depicted a colorful turtle in the center. The neighborhood was responsible for traffic control and permitting.
2017-05 Government-supported public art, Near Westside Neighborhood Association block party and mural painting project. The board of public works approves a request from the Near Westside Neighborhood Association to hold a block party and paint murals on traffic-calming devices on 7th Street. The City takes responsibility for signage, traffic planning, permits, and cleanup. The mural, designed by artist Emily Wilson, features geometric patterns without words or symbols.