Under Friday’s ruling, by Jan. 2 next year, the city of Bloomington has to come up with the procedures that private groups and people can use to request approval for use of the city’s rights-of-way to display public art.
The order says that the city has to “promulgate” the application procedure to the public within 45 days of the order, dated Nov. 18, 2022. The public that is described in the order explicitly includes Indiana University student Kyle Reynolds and the Indiana University Chapter of Turning Point USA, who filed suit against Bloomington in late February.
In their lawsuit, Reynolds and Turning Point asked the Monroe County circuit court to issue an injunction requiring the city of Bloomington to allow Reynolds to paint a street mural that states “All Lives Matter” on Kirkwood Avenue in front of the Von Lee building.
The summary judgment means the case got a ruling without a trial. It also means the court agreed with Bloomington that there were no relevant disputes about the facts of the case, and that it could be decided just based on application of the law.
The court found that Bloomington did not violate the constitutional rights of SCF’s owners, as they had claimed. According to the city of Bloomington’s news release, which came late Friday, SCF’s owners have 30 days to file an appeal with the Seventh Circuit Court of Appeals.
Schooner Creek Farm (SCF) was a Bloomington farmers market vendor during the 2019 season. SCF drew protests that year from local activists over its ties to white supremacist groups and views. On two occasions, protesters were arrested by Bloomington police, but charges were not filed.