Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 1 of 18 PageID 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WENDI C. THOMAS, Plaintiff, v. CITY OF MEMPHIS, Case No. and JIM STRICKLAND, in his individual capacity, and URSULA MADDEN, in her individual capacity, Defendants. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiff Wendi C. Thomas, for her complaint against Defendants the City of Memphis (the “City”); its Mayor, Jim Strickland (“Mayor Strickland”); and its Chief Communications Officer, Ursula Madden (“Ms. Madden”) (collectively, “Defendants”), alleges, by and through her attorneys, as follows: PARTIES, JURISDICTION, AND VENUE 1. Plaintiff Wendi Thomas is the founder, editor, and publisher of MLK50: Justice Through Journalism (“MLK50”), an award-winning online news website based in Memphis. MLK50’s coverage focuses on the issues that animated Dr. Martin Luther King Jr.’s life—the intersection of poverty, power, and public policy. Since its founding in 2017, MLK50 has 1 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 2 of 18 PageID 2 published hundreds of articles and thousands of social media posts, which break news, provide incisive commentary, and highlight the perspective of workers, low-income residents, immigrants, activists, and organizers. MLK50 received the 2019 Best Practices Award from the National Association of Black Journalists, was among the first eleven recipients of grants from the American Journalism Project, and was selected to participate in ProPublica’s Local Reporting Network, which supports investigative reporting at local and regional news outlets. 2. Before founding MLK50, Ms. Thomas worked for many years as a reporter or editor at large metropolitan newspapers, including the Indianapolis Star, the Tennessean in Nashville, and the Charlotte Observer. For more than a decade, she served as a metro columnist and assistant managing editor at The Commercial Appeal in Memphis. More recently, Ms. Thomas was selected as a 2016 fellow at the Nieman Foundation for Journalism at Harvard University. 3. Ms. Thomas won the 2020 Selden Ring Award for Investigative Reporting for her series “Profiting from the Poor,” which exposed Methodist Le Bonheur Healthcare’s aggressive debt collection practices. In response to the June 2019 joint MLK50-ProPublica investigation, the nonprofit hospital announced it would expand its financial assistance policy, stop charging interest and attorney’s fees on hospital debt lawsuits, stop suing its own employees, and raise the pay of all its workers to $15 per hour by 2021. In addition, Methodist Le Bonheur Healthcare has since erased the debts owed by more than 5,300 patients it sued for unpaid hospital bills. 4. Defendant the City of Memphis is a home rule municipality governing Tennessee’s largest city. 5. On information and belief, Defendant Jim Strickland is a citizen of the United States and a resident of Memphis, Shelby County, Tennessee. He is sued in only his individual 2 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 3 of 18 PageID 3 capacity. Currently and at all relevant times herein, Mayor Strickland has been the Mayor of the City of Memphis and has led the City’s Executive Division, which includes the City’s Office of Communications. 6. On information and belief, Defendant Ursula Madden is a citizen of the United States and a resident of Memphis, Shelby County, Tennessee. She is sued in only her individual capacity. Currently and at all relevant times herein, Ms. Madden has been the City’s Chief Communications Officer and has led the City’s Office of Communications. 7. This is an action for declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 based on repeated and ongoing violations of Plaintiff’s rights under the First, Fifth, and Fourteenth Amendments to the United States Constitution and Article I, Section 19 of the Tennessee Constitution. The Court has jurisdiction over Plaintiff’s federal claims pursuant to 28 U.S.C. § 1331. The Court has supplemental jurisdiction over Plaintiff’s claim under the Tennessee Constitution pursuant to 28 U.S.C. § 1367. 8. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(1) and (b)(2) and in the Western Division pursuant to 28 U.S.C. § 123 and Local Rule 3.3. All Defendants reside within this District and Division, and a substantial part of the events or omissions giving rise to the claim occurred in this District and Division. FACTS 9. The First Amendment reflects our country’s “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.” N.Y. Times v. Sullivan, 376 U.S. 254, 270 (1964). As the Supreme Court of the United States has explained, the First Amendment protects “a right to gather information,” because “without some protection for seeking the news, freedom of the press could be eviscerated.” Richmond 3 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 4 of 18 PageID 4 Newspapers, Inc. v. Virginia, 448 U.S. 555, 576 (1980) (citing Branzburg v. Hayes, 408 U.S. 665, 681 (1972)). The Sixth Circuit has similarly held that “[t]he protected right to publish the news would be of little value in the absence of sources from which to obtain it.” CBS, Inc. v. Young, 522 F.2d 234, 238 (6th Cir. 1975). As such, “[n]ews gathering . . . qualifies for First Amendment protections.” Id. (citing Branzburg, 408 U.S. at 681, 707). 10. Article I, Section 19 of the Tennessee Constitution also protects the freedoms of speech and press. As the Tennessee Supreme Court has explained, “Tennessee’s Constitution requires that any infringement upon the ‘free communication of thoughts’ and any stumbling block to the complete freedom of the press ‘to examine [and publish] the proceedings . . . of any branch or officer of the government’ is regarded as constitutionally suspect, and at the very threshold there is a presumption against the validity of any such impediment.” Press, Inc. v. Verran, 569 S.W.2d 435, 442 (1978). 11. This case arises from the retaliatory and unconstitutional conduct of Defendants, who have repeatedly denied requests to add Ms. Thomas’s MLK50 email address to the email list the City uses to alert members of the news media about events and actions involving the City (the “Media Advisory List”). 12. The City maintains the Media Advisory List to alert members of the press about newsworthy events and actions involving the City. The Media Advisory List is one of the primary, and most convenient, means by which Defendants provide timely information to journalists about City government news and press conferences held by City officials. 13. The City’s Office of Communications, led by Ms. Madden, manages the Media Advisory List. According to the City’s website, the Office of Communications was formed in 4 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 5 of 18 PageID 5 2016 in response to “Mayor Jim Strickland’s charge to be the most transparent and communicative administration in Memphis history.” 14. As of January 20, 2019, the Media Advisory List included nearly 150 media organizations, individual reporters, and others. Among the email addresses included on the Media Advisory List as of that date were at least six associated with The Commercial Appeal, Ms. Thomas’s former employer. Email addresses for more than 25 journalists at The Daily Memphian, an online-only publication like MLK50, were included on the Media Advisory List as of that date. A true and correct copy of a January 20, 2019 email sent by the City to the Media Advisory list is attached as Exhibit A. 15. The January 20, 2019 email attached as Exhibit A also includes email addresses associated with the Memphis and Shelby County Film/TV Commission, the City, the John M. Glover Insurance Agency, and choose901.com, as well as a variety of individuals using Gmail and Yahoo! email accounts. 16. Ms. Thomas, via her personal Gmail address, was included on the Media Advisory List and received emails sent to the list by the City through at least January 22, 2018. On information and belief, at some unknown point in time thereafter, the City removed Ms. Thomas’s Gmail address from the Media Advisory List without notice to her. 17. Ms. Thomas requested that her MLK50 email address, as well as two other email addresses associated with MLK50, be added to the Media Advisory List on May 13, 2019, by sending an email to Ms. Madden in the City’s Communications Department and copying other members of the Communications Department staff. A true and correct copy of Ms. Thomas’s May 13, 2019 email is attached as Exhibit B. 5 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 6 of 18 18. PageID 6 The following day, on May 14, 2019, Ms. Madden’s colleague, Arlenia Cole, replied to Ms. Thomas via her official email account, copying Ms. Madden’s official email account, and stated “[w]ill do and thanks for the updates.” A true and correct copy of Ms. Cole’s May 14, 2019 email to Ms. Thomas is attached as Exhibit C. At that point, Ms. Thomas reasonably assumed, based on Ms. Cole’s statement, that her MLK50 email address would be added to the Media Advisory List. 19. Ms. Thomas first became aware that Ms. Cole had not added her email address, or any other email address associated with MLK50, to the Media Advisory List in or about October 2019 when a journalist from another news outlet forwarded to Ms. Thomas an email sent by the City to the Media Advisory List. That email, dated October 23, 2019, pertained to the City’s demonstration of a new data hub to members of the press. Upon learning that her MLK50 email address had not been added to the Media Advisory List in October 2019, Ms. Thomas once again asked Defendants to add her email address. Since then, she has renewed that request on a number of occasions. At no point since May 14, 2019, have Defendants provided any substantive response to any of Ms. Thomas’s requests. Defendants, to date, have provided no explanation for their refusals to add Ms. Thomas’s email address to the Media Advisory List. 20. On October 29, 2019, Ms. Thomas emailed Ms. Madden, copying other members of the Office of Communications staff. Ms. Thomas expressed her “surprise[]” that the City had not included her in the list of recipients of the October 23, 2019 media advisory email. Ms. Thomas asked that three email addresses associated with MLK50, including her own, be added to “any and all media advisory/distribution lists sent by any and all city departments.” A true and correct copy of Ms. Thomas’s October 29, 2019 email is attached as Exhibit D. 6 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 7 of 18 21. PageID 7 Receiving no response to her October 29, 2019 email, Ms. Thomas followed up via email and reiterated her request to be added to the Media Advisory List on both October 30 and October 31, 2019. True and correct copies of Ms. Thomas’s October 30, 2019 and October 31, 2019 emails are attached as Exhibits E and F, respectively. 22. Ms. Thomas emailed Ms. Madden and her Office of Communications colleagues Dan Springer and Arlenia Cole again on November 6, 2019, providing additional details about MLK50 and repeating her request to be added to “the media advisory distribution list.” A true and correct copy of Ms. Thomas’s November 6, 2019 email is attached as Exhibit G. In the same email, Ms. Thomas requested that, if the City were to decide to deny her request to add email addresses associated with MLK50, including her own, to the Media Advisory List, she would like to know “the reason for that decision and to see the city policy that governs such decisions.” 23. On November 20, 2019, Ms. Thomas emailed for a sixth time asking to be added to the list. A true and correct copy of Ms. Thomas’s November 20, 2019 email is attached as Exhibit H. In it, Ms. Thomas emphasized that “[e]xclusion from these advisories makes it difficult for MLK50’s journalists to do their jobs” and “respectfully ask[ed] for treatment equal to that provided to other local news organizations.” 24. In or about November 2019, Ms. Thomas also left voicemails with and sent text messages to Ms. Madden and/or Ms. Cole seeking to have her MLK50 email address added to the Media Advisory List. 25. On January 14, 2020, Ms. Thomas sent a seventh email asking that her MLK50 email address be included on the Media Advisory List. A true and correct copy of Ms. Thomas’s January 14, 2020 email is attached as Exhibit I. In it, Ms. Thomas referenced a public records 7 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 8 of 18 PageID 8 request that she had submitted that same day seeking “the city’s written policy that governs media credentialing and how it decides which journalists/outlets are added to media distribution lists.” 26. Beginning in October 2019, the City did not respond to any of Ms. Thomas’s emails, voicemails, or text messages seeking to add her MLK50 email address to the Media Advisory List. 27. On March 16, 2020 and on April 13, 2020, undersigned counsel wrote letters to the City explaining that the City’s refusal to add Ms. Thomas to the Media Advisory List violated her rights under both the United States and Tennessee Constitutions. In a perfunctory letter dated April 17, 2020, the City’s Chief Legal Officer Jennifer A. Sink confirmed receipt of the March 16, 2020 letter but provided no substantive response. True and correct copies of all three letters are attached collectively as Exhibit J. 28. On May 4, 2020, undersigned counsel filed a public comment to the Independent Monitor responsible for administering the Kendrick Consent Decree in ACLU of Tennessee, Inc. v. City of Memphis, No. 2:17-cv-02120-JPM-jay, a case before Senior Judge McCalla. Paragraph (F)(1) of the Kendrick Consent Decree provides that “the City of Memphis shall not disrupt, discredit, interfere with or otherwise harass any person exercising First Amendment rights.” Similarly, Paragraph (F)(2) provides that “[t]he City of Memphis shall not engage in any action for the purpose of, or reasonably having the effect of deterring any person from exercising First Amendment rights.” Undersigned counsel submitted a comment explaining that the City has repeatedly interfered with and continues to interfere with Ms. Thomas’s First Amendment rights and attempted to deter her from exercising her First Amendment rights by denying her 8 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 9 of 18 PageID 9 requests to be added to the Media Advisory List. A true and correct copy of the comment without its enclosures is attached as Exhibit K. 29. The exclusion of Ms. Thomas from the Media Advisory List substantially disrupts and interferes with her ability to gather news and report on the City and Mayor Strickland. On information and belief, Ms. Thomas has not received newsworthy communications from the City that were shared with the members of the Media Advisory List. As a result of the Defendants’ denials of her requests to be added to the Media Advisory List, Ms. Thomas does not learn of newsworthy City actions that are announced through the Media Advisory List and is deprived of opportunities to participate in press conferences and other press events that her peers at other media outlets are able to participate in. Excluding Ms. Thomas from the Media Advisory List disrupts and interferes with her ability to effectively cover the City and ultimately harms her readers—residents of Memphis who are deprived of information about their government and government officials. 30. Ms. Thomas’s exclusion from the Media Advisory List has also disrupted and interfered with her efforts to cover the COVID-19 crisis. 31. In recent months, the City has joined Shelby County, Tennessee, (the “County”) in a Joint Task Force (the “Joint Task Force”) to address the COVID-19 pandemic. The City has used its Media Advisory List to distribute login information so that those on the Media Advisory List may attend and ask questions during daily virtual press conferences hosted by the Joint Task Force via Zoom. 32. On both April 6, 2020 and April 7, 2020, officials on behalf of the County sent emails to the members of the City’s Office of Communications staff requesting that Ms. Thomas’s email address be added to the Media Advisory List so that she could participate in the 9 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 10 of 18 PageID 10 virtual press conferences in the same manner as her peers at other media outlets who are on the Media Advisory List. True and correct copies of the County’s April 6, 2020, and April 7, 2020 emails are attached collectively as Exhibit L. Despite these two requests from the County, Defendants did not add Ms. Thomas to the Media Advisory List for the Joint Task Force’s virtual press conferences. 33. The impact that being excluded from the Media Advisory List has on Ms. Thomas’s newsgathering and reporting is exemplified by her inability to participate in the Joint Task Force’s April 8, 2020 virtual press conference. At that event, the Joint Task Force addressed racial disparities in COVID-19 infections and fatalities—issues of central interest and importance to MLK50’s readers. Ms. Thomas was unable to participate in the virtual press conference in the same manner as her peers who are included on the Media Advisory List. Accordingly, among other things, Ms. Thomas was deprived of the opportunity to ask public officials questions during the event. 34. Since April 8, 2020, in relation to the Joint Task Force, Ms. Thomas has been able to work around the City’s refusal to add her to the Media Advisory List by specifically asking the County’s Health Department each day for the login information for that day’s Joint Task Force virtual press conference. But such a workaround should not be necessary and came too late for Ms. Thomas to cover a number of Joint Task Force virtual press conferences. Nor does the workaround provide any relief with respect to the other emails sent by the City to the Media Advisory List that Ms. Thomas does not receive. 35. The City’s repeated refusal to add Ms. Thomas to the Media Advisory List appears motivated by Defendants’ disapproval of Ms. Thomas’s coverage of the City. 10 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 11 of 18 36. PageID 11 In June 2017, Ms. Thomas sent Ms. Madden a series of emails with questions related to a story Ms. Thomas was writing, including a request to interview Mayor Strickland. Ms. Thomas’s questions pertained to the one-year anniversary of a protest in which more than 1,000 demonstrators shut down the Hernando De Soto Bridge in Memphis to denounce the police killings of African-American men and women across the country. Ms. Thomas asked to interview Mayor Strickland about his meetings with protesters and “what he sees as the city’s responses/solutions to concerns voiced during the protest/forum/later meetings.” Ms. Thomas and Ms. Madden then exchanged a couple of emails about steps the Mayor had taken to address the protesters’ concerns, but without Ms. Madden granting the interview request. 37. Then, in a June 27, 2017 email to Ms. Thomas, Ms. Madden wrote that Ms. Thomas had “demonstrated, particularly on social media, that you are not objective when it comes to Mayor Strickland.” On that purported basis, Ms. Madden denied Ms. Thomas access to interview Mayor Strickland, writing that “[o]bjectivity dictates if the mayor does one on one interviews.” A true and correct copy of this email exchange between Ms. Thomas and Ms. Madden, including Ms. Madden’s June 27, 2017 email, is attached as Exhibit M. 38. On information and belief, at some unknown point after Ms. Madden sent this June 27, 2017 email to Ms. Thomas, the City removed Ms. Thomas’s personal Gmail email address from the Media Advisory List. The only logical inference is that the City has refused Ms. Thomas’s repeated requests to add her MLK50 email address to the Media Advisory List in retaliation for her reporting about the City. 39. The City has no established, published criteria for credentialing members of the news media or for determining which journalists are included or excluded from the Media Advisory List. 11 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 12 of 18 40. PageID 12 In response to a public records request from Ms. Thomas to “provide the written policy that governs the city of Memphis’ interactions with members of the press, including any policy that covers how the city of Memphis credentials news outlets and how it adds outlets and journalists to its media advisory lists,” the City produced one document entitled “Media Relations Policy.” A true and correct copy of the Media Relations Policy produced to Ms. Thomas in response to this request is attached as Exhibit N. 41. The City’s Media Relations Policy contains no process or criteria for credentialing members of the news media or for determining which journalists are included or excluded from the Media Advisory List. 42. Defendants’ refusal to include Plaintiff on the Media Advisory List violates her rights under the First and Fourteenth Amendments. By retaliating against Plaintiff for her constitutionally protected activities, Defendants have discriminated against Plaintiff based on the content and viewpoint expressed in her coverage of the City. Such restrictions are presumptively unconstitutional. See Reed v. Town of Gilbert, 135 S. Ct. 2218, 2226 (2015) (content-based and viewpoint-based restrictions “are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve compelling state interests”); accord Citizens United v. Fed. Election Comm’n, 558 U.S. 310, 340 (2010) (“Premised on mistrust of governmental power, the First Amendment stands against attempts to disfavor certain subjects or viewpoints.”). 43. Further, Defendants have violated Plaintiff’s rights to Due Process under the Fifth and Fourteenth Amendments. When the government confers on journalists access to cover government activities, journalists hold First Amendment liberty interests in that access. Governments therefore cannot revoke or deny that access without due process of law. Sherrill v. 12 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 13 of 18 PageID 13 Knight, 569 F.2d 124, 129 (D.C. Cir. 1977); Karem v. Trump, 404 F.Supp.3d 203, 210 (D.D.C. 2019) 44. Here, Defendants have denied and continue to deny Plaintiff the right to receive emails distributed through the Media Advisory List and thereby to learn about newsworthy City events and actions. The Defendants’ policy or custom regarding access to the Media Advisory List violates Due Process. Defendants have refused to add Plaintiff to the Media Advisory List without providing any notice whatsoever—let alone notice of “explicit and meaningful standards” that have been “publish[ed]”—to afford journalists like Plaintiff notice of the contexts in which their rights may be limited. Sherill, 569 F.2d at 131. Absent such fair notice, which serves to protect reporters from the very type of arbitrary and/or discriminatory actions that Defendants have engaged in here, Defendants’ denials of Plaintiff’s requests to be added to the Media Advisory List are unlawful. Defendants’ exclusion of Plaintiff from the Media Advisory List further violates Due Process because Defendants have failed to provide Plaintiff with any written justification for Defendants’ decision or any opportunity for her to be heard to contest her exclusion. FIRST CAUSE OF ACTION 42 U.S.C. § 1983 – First and Fourteenth Amendments 45. Plaintiff repeats, realleges, and incorporates the allegations in the paragraphs above as though fully set forth herein. 46. Defendants’ repeated refusals, while acting under color of state law, to include Plaintiff on the Media Advisory List violates the First Amendment in at least five ways: (i) the exclusion unconstitutionally disrupts and interferes with Plaintiff’s ability to gather and report the news; (ii) the exclusion is an unconstitutional restriction on Plaintiff’s and the public’s right 13 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 14 of 18 PageID 14 of access to information about City government; (iii) the exclusion is unconstitutional contentand/or viewpoint-based discrimination; (iv) the exclusion is unconstitutional retaliation for Plaintiff’s First Amendment-protected activity; and (v) the exclusion is an unconstitutional restriction on the exercise of Plaintiff’s rights under the First Amendment’s guarantee of freedom of the press, for which there is no compelling justification. 47. Plaintiff has a First Amendment right to gather and report the news and her coverage of Mayor Strickland and the City is and was protected by the First Amendment to the United States Constitution. 48. Defendants, through their policy or custom, have disrupted and interfered with Plaintiff’s ability to cover Mayor Strickland and the City by denying Plaintiff access to information made available generally to other members of the press. Without access to the media advisories that are distributed by Defendants via the Media Advisory List, Plaintiff is deprived of access to newsworthy information about City events and the opportunity to participate in press conferences with City officials, including Mayor Strickland. Plaintiff will continue to be excluded from those opportunities until she is provided the same access to the same information that the City provides to other members of the press. 49. Defendants have further deprived MLK50’s readers of information about City events and statements by City officials, including information that Plaintiff could have obtained had she been able to participate in and ask questions at the Joint Task Force virtual press conferences from which she was excluded. 50. Defendants have refused to add Plaintiff to the Media Advisory List for content- based and/or viewpoint-based discriminatory reasons based on her prior reporting about Defendants. 14 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 15 of 18 51. PageID 15 As a result of Defendants’ actions under color of state law, Plaintiff has suffered and continues to suffer irreparable harm. SECOND CAUSE OF ACTION 42 U.S.C. § 1983 – Fifth and Fourteenth Amendments 52. Plaintiff repeats, realleges, and incorporates the allegations in the paragraphs above as though fully set forth herein. 53. Defendants’ decision, while acting under color of state law, to exclude Plaintiff from the media advisories that are distributed by the City via the Media Advisory List violates Plaintiff’s right to due process under the Fifth and Fourteenth Amendments. 54. Plaintiff has a protected First Amendment liberty interest in receiving the City’s media advisories in a timely manner via the Media Advisory List. By excluding Plaintiff from the Media Advisory List, Defendants have deprived Plaintiff of her constitutionally protected liberty interest. Plaintiff’s ability to gather and report news about the City is disrupted and interfered with by Defendants’ refusal to provide her access to the same media advisories provided to her peer journalists via the Media Advisory List. 55. Defendants’ exclusion of Plaintiff from the Media Advisory List violates her right to due process because the City’s policy or custom related to the Media Advisory List is constitutionally deficient. In the absence of pre-existing, published, explicit, and meaningful standards, there was no fair notice of the conduct that could subject Plaintiff or any other reporter or news organization to exclusion from the Media Advisory List. 56. Defendants failed to provide Plaintiff any notice before refusing to include her on the Media Advisory List. 15 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 16 of 18 57. PageID 16 Defendants also did not provide Plaintiff with a written explanation (or any explanation at all) for its refusal to include her on the Media Advisory List. 58. Defendants did not provide Plaintiff an opportunity to be heard before refusing to include her on the Media Advisory List. Nor have they provided Plaintiff any avenue to challenge or appeal the City’s refusal to include her on the Media Advisory List. To the contrary, Defendants have not responded to Plaintiff’s numerous requests to be added to the Media Advisory List. 59. As a result of Defendants’ actions under color of state law and pursuant to Defendants’ policy or custom, Plaintiff has suffered and continues to suffer irreparable harm. THIRD CAUSE OF ACTION Tenn. Const. Art. I, § 19 60. Plaintiff repeats, realleges, and incorporates the allegations in the paragraphs above as though fully set forth herein. 61. Defendants’ refusal to add Plaintiff to the Media Advisory List violates the freedoms of speech and press under Article I, Section 19 of the Tennessee Constitution. 62. Defendants’ denials of Plaintiffs’ requests to be included on the Media Advisory List constitute both an “infringement upon the ‘free communication of thoughts’” and a “stumbling block to the complete freedom of the press ‘to examine [and publish] the proceedings” of the City. Press, Inc. v. Verran, 569 S.W.2d 435, 442 (Tenn. 1978). 63. As a result of Defendants’ actions, Plaintiff has suffered and continues to suffer irreparable harm. 16 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 17 of 18 PageID 17 PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that the Court enter each of the following forms of relief: A. An injunction requiring Defendants to immediately add Plaintiff to the Media Advisory List, so that she will receive all media advisories and other communications distributed to other members of the press via that list or, alternatively, requiring Defendants to contemporaneously provide Plaintiff with all media advisories and other communications distributed to the Media Advisory List; B. An injunction requiring Defendants to devise and publish explicit and meaningful standards for including a reporter and/or news organization on the Media Advisory List, along with procedures to give members of the news media notice of the reasons for any exclusion from the list and the evidence upon which such exclusions are based, as well as an opportunity to be heard to contest such a decision; C. A declaration that the exclusion of Plaintiff from the Media Advisory List was unconstitutional, in violation of the First, Fifth, and Fourteenth Amendments to the United States Constitution. D. A declaration that the exclusion of Plaintiff from the Media Advisory List was unconstitutional, in violation of Article I, Section 19 of the Tennessee Constitution. E. An order granting Plaintiff costs, fees, and disbursements incurred in connection with these proceedings, pursuant to 42 U.S.C. § 1988(b). F. Such further relief as this Court deems just and proper. 17 Case 2:20-cv-02343 Document 1 Filed 05/13/20 Page 18 of 18 PageID 18 JURY DEMAND Plaintiff hereby demands a jury trial. Dated: May 13, 2020 Respectfully Submitted, By: /s/ Paul R. McAdoo Paul R. McAdoo Tennessee BPR No. 034066 THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS 6688 Nolensville Rd., Suite 108-20 Brentwood, TN 37027 Phone: 615.823.3633 Facsimile: 202.795.9310 pmcadoo@rcfp.org Counsel for Plaintiff 18 Case 2:20-cv-02343 Document 1-3 Filed 05/13/20 Page 1 of 3 PageID 26 EXHIBIT A Case 2:20-cv-02343 Document 1-3 Filed 05/13/20 Page 2 of 3 PageID 27 From: Cole Arlenia To: Cole Arlenia Subject: FW: 2nd Gentle Reminder 012119 MEDIA Awards Presentation Date: Monday, January 13, 2020 1:47:52 PM Attachments: 0121 12-Megia Advigory-Strigkland pregentg 2013 Luminam Awards .pdf From: Cole, Arlenia Sent: Sunday, January 20, 2019 11:22 AM To: 'corie.ventura@wreg.com" 'Jacobson, Stacy' Rudolph, Lt. Karen 'news@fox13memphis.com" Keith, Richard 'sharon@filmmemphisorg'; Cooke, Wayne Case 2:20-cv-02343 Document 1-3 Filed 05/13/20 Page 3 of 3 PagelD 28 Brownlee, Louis 'Wright, Marcey Delois' 'Cook, Kelli' 'News Desk 'Dandridge, Lisa' 'Kody.Leibowitz@coxinc.com' 'news@fox13memphis.com' 'karen@wrvr.com' 'john.klocko@coxinc.com' 'news@fox13memphis.com' Cc: Springer, Daniel Subject: 2nd Gentle Reminder 012119 MEDIA Awards Presentation Good morning everyone, Re: 2nd Gentle Reminder Hope everyone is having a great day. Please see the attached media advisory for tomorrow?s Luminary Awards presentation. As always, thank you for your consideration. Best regards Arlenia Cole, Media Affairs Manager City of Memphis (zen:? Office: 901-636-6922 Case 2:20-cv-O2343 Document 1-4 Filed 05/13/20 Page 1 of 2 PageID 29 EXHIBIT Case 2:20-cv-02343 Document 1-4 Filed 05/13/20 Page 2 of 2 PagelD 30 From: Wendi Thomas wendicthomas@mlk50.com Subject: Please add to your media/press release list 6 Date: May 13, 2019 at 10:13 PM To: ursula.madden@memphistn.gov, kyle.veazey@memphistn.gov, arlenia.cole@memphistn.gov Wendicthomas@mlk50.com MLK50@mlk50.com Deb@mlk50.com Thanks, Wendi MLK50.com Sent from my iPhone Case 2:20-cv-02343 Document 1-5 Filed 05/13/20 Page 1 of 2 PageID 31 EXHIBIT From: Subject: Date: To: Cc: Case 2:20-cv-02343 Document 1-5 Filed 05/13/20 Page 2 of 2 PageID 32 Cole, Arlenia arlenia.cole@memphistn.gov Re: Please add to your media/press release list May 14, 2019 at 6:32 AM Wendi Thomas wendicthomas@mlk50.com Madden, Ursula ursula.madden@memphistn.gov, Veazey, Kyle kyle.veazey@memphistn.gov Good morning Wendi Will do and thanks for the updates. Have a great day. Arlenia Sent from my iPhone On May 13, 2019, at 10:13 PM, Wendi Thomas wrote: Wendicthomas@mlk50.com MLK50@mlk50.com Deb@mlk50.com Thanks, Wendi MLK50.com Sent from my iPhone 6 Case 2:20-cv-02343 Document 1-6 Filed 05/13/20 Page 1 of 3 PageID 33 EXHIBIT From: Subject: Date: To: Cc: Case 2:20-cv-02343 Document 1-6 Filed 05/13/20 Page 2 of 3 PagelD 34 Wendi Thomas wendicthomas@mlk50.com public records event tomorrow. October 29, 2019 at 1:46 PM Cole, Arlenia arlenia.cole@memphistn.gov, Springer, Daniel Dan.Springer@memphistn.gov, Madden, Ursula ursula.madden@memphistn.gov Deborah Douglas deb@mlk50.com I?d like to RSVP for tomorrow?s public records event for the media. I did not receive the email (pasted below) that was sent to other local media outlets. Given that I ?le a signi?cant number of public records requests, including one that is 433 days old today, I?m surprised that neither MLK50 nor was included. A member of the Institute for Nonpro?t News, MLK50: Justice Through Journalism is a nonpro?t newsroom focused on poverty, power and public policy. Can you please con?rm that the following email addresses have been added to any and all media advisory/distribution lists sent by any and all city departments? wendicthomas@mlk50.com deb@mlk50.com mlk50@mlk50.com Thanks in advance, Wendi Wendi C. Thomas Editor, MLK50: Justice Through Journalism m k50.com Facebook Twitter @mlk50memphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLK50. From: Springer, Dan Sent: Wednesday, October 23, 2019 10:33 AM To: Springer, Dan Subject: Media Advisory--City of Memphis demonstration of new ?Memphis Data Hub? Good morning, Please see the attached advisory regarding a media training session for the City?s new Memphis Data Hub site. For members ofthe media interested in attending, please RSVP. to Case 2:20-cv-02343 Document 1-6 Filed 05/13/20 Page 3 of 3 PagelD 35 Thanks DS DanSp?nger Deputy Director, Media Affairs Of?ce of Mayor Jim Strickland CHyofMempMs 125 North Main, Suite 700 Memphis, TN 38103 Of?ce: 901.636.6543 Cell: 901.302.0652 in' MEMPHIS To receive Mayor Strickland?s Weekly Update in your inbox, sign up here. Case 2:20-cv-02343 Document 1-7 Filed 05/13/20 Page 1 of 3 PageID 36 EXHIBIT From: Subject: Date: To: Cc: Case 2:20-cv-02343 Document 1-7 Filed 05/13/20 Page 2 of 3 PageID 37 Wendi Thomas wendicthomas@mlk50.com TRY TWO Re: public records event tomorrow. October 30, 2019 at 11 :29 AM Cole, Arlenia arlenia.cole@memphistn.gov, Springer, Daniel Dan.Springer@memphistn.gov, Madden, Ursula ursula.madden@memphistn.gov Deborah Douglas deb@mlk50.com I?m not sure this went through as I didn?t get a response. I?ll be at the event this afternoon. Please con?rm that you have added the following email addresses to all ofthe city?s media advisory/distribution lists. wendicthomas@mlk50.com deb@mlk50.com mlk50@mlk50.com If you have any questions, please reach out at this email address or the phone number below. Best, Wendi Wendi C. Thomas Editor, MLKSO: Justice Through Journalism mlk50.com Facebook Twitter @mlkSOmemphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLKSO. On Oct 29, 2019, at 1:46 PM, Wendi Thomas wrote: I?d like to RSVP for tomorrow?s public records event for the media. I did not receive the email (pasted below) that was sent to other local media outlets. Given that I ?le a signi?cant number of public records requests, including one that is 433 days old today, I?m surprised that neither MLKSO nor was included. A member ofthe Institute for Nonpro?t News, MLKSO: Justice Through Journalism is a nonpro?t newsroom focused on poverty, power and public policy. Can you please con?rm that the following email addresses have been added to any and all media advisory/distribution lists sent by any and all city departments? wendicthomas@mlk50.com deb@mlk50.com mlk50@mlk50.com Case 2:20-cv-02343 Document 1-7 Filed 05/13/20 Page 3 of 3 PagelD 38 Thanks in advance, Wendi Wendi C. Thomas Editor, MLK50: Justice Through Journalism m k50.com Facebook Twitter @mlk50memphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLK50. From: Springer, Dan Sent: Wednesday, October 23, 2019 10:33 AM To: Springer, Dan Subject: Media Advisory--City of Memphis demonstration of new ?Memphis Data Hub? Good morning, Please see the attached advisory regarding a media training session for the City?s new Memphis Data Hub site. For members of the media interested in attending, please R.S.V.P. to Thanks DS Dan Springer Deputy Director, Media Affairs Of?ce of Mayor Jim Strickland City of Memphis 125 North Main, Suite 700 Memphis, TN 38103 Of?ce: 901.636.6543 Cell: 901.302.0652 To receive Mayor Strickland?s Weekly Update in your inbox, sign up here. Case 2:20-cv-02343 Document 1-8 Filed 05/13/20 Page 1 of 4 PageID 39 EXHIBIT Case 2:20-cv-02343 Document 1-8 Filed 05/13/20 Page 2 of 4 PageID 40 From: Wendi Thomas wendicthomas@mlk50.com Subject: TRY THREE Re: public records event tomorrow. Date: October 31, 2019 at 8:09 PM To: Cole, Arlenia arlenia.cole@memphistn.gov, Springer, Daniel Dan.Springer@memphistn.gov, Madden, Ursula ursula.madden@memphistn.gov Cc: Deborah Douglas deb@mlk50.com Hi! I hope all is well. I spoke to Dan at yesterday?s media event about this email, yet have not received con?rmation that you have received or that have been added to the city?s media advisory/distribution lists. Again, ask that you con?rm receipt of this email and to add the following email addresses to your media advisory/distribution lists: wendicthomas@mlk50.com deb@mlk50.com mlk50@mlk50.com Wendi C. Thomas Editor, MLKSO: Justice Through Journalism m k50.com Facebook Twitter @mlkSOmemphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLKSO. On Oct 30, 2019, at 11:29 AM, Wendi Thomas wrote: I?m not sure this went through as I didn?t get a response. I?ll be at the event this afternoon. Please con?rm that you have added the following email addresses to all of the city?s media advisory/distribution lists. wendicthomas@mlk50.com deb@mlk50.com mlk50@mlk50.com If you have any questions, please reach out at this email address or the phone number below. Best, Wendi Wendi C. Thomas Editor, MLKSO: Justice Through Journalism mlk50.com Facebook Twitter @mlkSOmemphis 901-210-4034 Case 2:20-cv-02343 Document 1-8 Filed 05/13/20 Page 3 of 4 PageID 41 Support independent journalism. Click here to make a tax-deductible donation to MLK50. On Oct 29, 2019, at 1:46 PM, Wendi Thomas wrote: I?d like to RSVP for tomorrow?s public records event for the media. I did not receive the email (pasted below) that was sent to other local media outlets. Given that I ?le a signi?cant number of public records requests, including one that is 433 days old today, I?m surprised that neither MLK50 nor was included. A member of the Institute for Nonpro?t News, MLK50: Justice Through Journalism is a nonpro?t newsroom focused on poverty, power and public policy. Can you please con?rm that the following email addresses have been added to any and all media advisory/distribution lists sent by any and all city departments? wendicthomas@mlk50.com mlk50@mlk50.com Thanks in advance, Wendi Wendi C. Thomas Editor, MLK50: Justice Through Journalism mlk50.com Facebook Twitter @mlk50memphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLK50. From: Springer, Dan Sent: Wednesday, October 23, 2019 10:33 AM To: Springer, Dan Subject: Media Advisory--City of Memphis demonstration of new ?Memphis Data Hub? Case 2:20-cv-02343 Document 1-8 Filed 05/13/20 Page 4 of 4 PageID 42 Good morning, Please see the attached advisory regarding a media training session for the City?s new Memphis Data Hub site. For members ofthe media interested in attending, please R.S.V.P. to Thanks DS Dan Springer Deputy Director, Media Affairs Of?ce of Mayor Jim Strickland City of Memphis 125 North Main, Suite 700 Memphis, TN 38103 Of?ce: 901.636.6543 Cell: 901.302.0652 To receive Mayor Strickland?s Weekly Update in your inbox, sign up here. Case 2:20-cv-02343 Document 1-9 Filed 05/13/20 Page 1 of 5 PageID 43 EXHIBIT From: Subject: Date: To: Cc: Case 2:20-cv-02343 Document 1-9 Filed 05/13/20 Page 2 of 5 PageID 44 Wendi Thomas wendicthomas@mlk50.com TRY FOUR. RESPONSE RESPECTFULLY REQUESTED Re: public records event tomorrow. November 6, 2019 at 7:29 PM Cole, Arlenia arlenia.cole@memphistn.gov, Springer, Daniel Dan.Springer@memphistn.gov, Madden, Ursula ursula.madden@memphistn.gov Deborah Douglas deb@mlk50.com Arlenia, Ursula and Dan: Following up. This is my fourth attempt to get the city to add MLKSO to its media advisory lists. asked Dan once in person at least week?s event. None of my emails have bounced back, which leads me to believe that the emails are being received. Again, ask that you con?rm receipt of this email and to add the following email addresses to your media advisory/distribution lists: wendicthomas@mlk50.com deb@mlk50.com mlk50@mlk50.com By way of background, MLK5O is a member of the Institute for Nonpro?t News, which requires us to adopt ethics and transparency policies. We are the only local nonpro?t news organization that is a member. We are also part of ProPublica?s Local Reporting Network and received the 2019 Best Practices Award from the National Association of Black Journalists. You may have seen stories published in Th_e Guardian on NPR here and here and here and in The Commercial Appeal, or referenced in The New York and Mother Jones. I?m glad to provide any additional information you may need to add us to the media advisory distribution list. If you have made a decision not to add MLKSO, I?d like to know the reason for that decision and to see the city policy that governs such decisions. Thanks in advance, Wendi Wendi C. Thomas Editor, MLKSO: Justice Through Journalism mlk50.com Facebook Twitter @mlkSOmemphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLK50. On Oct 31, 2019, at 8:09 PM, Wendi Thomas wrote: Case 2:20-cv-02343 Document 1-9 Filed 05/13/20 Page 3 of 5 PagelD 45 Hi! I hope all is well. I spoke to Dan at yesterday?s media event about this email, yet have not received con?rmation that you have received or that I have been added to the city?s media advisory/distribution lists. Again, ask that you con?rm receipt of this email and to add the following email addresses to your media advisory/distribution lists: wendicthomas@mlk50.com deb@mlk50.com mlk50@mlk50.com Wendi C. Thomas Editor, MLK50: Justice Through Journalism mlk50.com Facebook Twitter @mlk50memphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLKSO. On Oct 30, 2019, at 11:29 AM, Wendi Thomas wrote: I?m not sure this went through as I didn?t get a response. I?ll be at the event this afternoon. Please con?rm that you have added the following email addresses to all of the city?s media advisory/distribution lists. wendicthomas@mlk50.com mlk50@mlk50.com If you have any questions, please reach out at this email address or the phone number below. Best, Wendi Wendi C. Thomas Editor, MLK50: Justice Through Journalism mlk50.com Facebook Twitter @mlkSOmemphis 901-210-4034 Support independent journalism. Click here to make a tax?deductible donation to MLKSO. Case 2:20-cv-02343 Document 1-9 Filed 05/13/20 Page 4 of 5 PagelD 46 On Oct 29, 2019, at 1:46 PM, Wendi Thomas wrote: I?d like to RSVP for tomorrow?s public records event for the media. I did not receive the email (pasted below) that was sent to other local media outlets. Given that I ?le a signi?cant number of public records requests, including one that is 433 days old today, I?m surprised that neither MLK50 nor I was included. A member of the Institute for Nonpro?t News, MLK50: Justice Through Journalism is a nonpro?t newsroom focused on poverty, power and public policy. Can you please con?rm that the following email addresses have been added to any and all media advisory/distribution lists sent by any and all city departments? wendicthomas@mlk50.com deb@mlk50.com mlk50@mlk50.com Thanks in advance, Wendi Wendi C. Thomas Editor, MLK50: Justice Through Journalism mlk50.com Facebook Twitter @mlkSOmemphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLK50. From: Springer, Dan Sent: Wednesday, October 23, 2019 10:33 AM To: Springer, Dan Subject: Media Advisory--City of Memphis demonstration of new ?Memphis Data Hub" Good morning, Please see the attached advisory regarding a media training session for the City?s new Memphis Data Hub site. For members of the media interested in attending, please RSVP. to Case 2:20-cv-02343 Document 1-10 Filed 05/13/20 Page 1 of 6 PageID 48 EXHIBIT From: Subject: Date: To: Cc: Case 2:20-cv-02343 Document 1-10 Filed 05/13/20 Page 2 of 6 PagelD 49 Wendi Thomas wendicthomas@mlk50.com Fwd: TRY FIVE. RESPONSE RESPECTFULLY REQUESTED Re: public records event tomorrow. November 20, 2019 at 12:47 PM Madden, Ursula ursula.madden@memphistn.gov, Cole, Arlenia arlenia.cole@memphistn.gov, Springer, Daniel Dan.Springer@memphistn.gov Deborah Douglas deb@mlk50.com Hi, I hope you?re all doing well. What can I do to expedite my request to be added to the city?s media advisory list? Ursula and Arlenia, I?ve sent you text messages today. Arlenia, I?ve left you a voice mail message today at your work and cell number. I?ve sent emails on Oct. 29, Oct. 30, Nov. 6 and now again, Nov. 20. In that time, I haven?t gotten a response to my emails or added to the lists. There?s nothing on the city?s communications page that indicates there?s a media credentialing process, but ifthere is one, please advise. lfthere?s additional information you need from me or about MLKSO, please let me know. Exclusion from these advisories makes it difficult for journalists to do theirjobs. We respectfully ask for treatment equal to that provided to other local news organizations. Best, Wendi Wendi C. Thomas Editor, MLKSO: Justice Through Journalism mlk50.com Facebook Twitter @mlk50memphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLKSO. Begin forwarded message: From: Wendi Thomas Subject: TRY FOUR. RESPONSE RESPECTFULLY REQUESTED Re: public records event tomorrow. Date: November 6, 2019 at 7:29:03 PM CST To: "Cole, Arlenia" "Springer, Daniel" "Madden, Ursula" Cc: Deborah Douglas Arlenia, Ursula and Dan: Following up. This is my fourth attempt to get the city to add MLKSO to its media advisory lists. asked Case 2:20-cv-02343 Document 1-10 Filed 05/13/20 Page 3 of 6 PagelD 50 Dan once in person at least week?s event. None of my emails have bounced back, which leads me to believe that the emails are being received. Again, I ask that you confirm receipt of this email and to add the following email addresses to your media advisory/distribution lists: wendicthomas@mlk50.com ??mlk50com mlk50@mlk50.com By way of background, MLKSO is a member of the Institute for Nonpro?t News, which requires us to adopt lNN?s ethics and transparency policies. We are the only local nonpro?t news organization that is a member. We are also part of ProPublica?s Local Reporting Network and received the 2019 Best Practices Award from the National Association of Black Journalists. You may have seen stories published in GuardianThe Commercial Appeal, or referenced in The New York Times and Mother Jones. I?m glad to provide any additional information you may need to add us to the media advisory distribution list. If you have made a decision not to add MLK50, I?d like to know the reason for that decision and to see the city policy that governs such decisions. Thanks in advance, Wendi Wendi C. Thomas Editor, MLK50: Justice Through Journalism mlk50.com Facebook Twitter @mlk50memphis 901-210-4034 Support independent journalism. Click here to make a tax?deductible donation to MLK50. On Oct 31,2019, at 8:09 PM, Wendi Thomas wrote: Hi! I hope all is well. I spoke to Dan at yesterday?s media event about this email, yet have not received con?rmation that you have received or that have been added to the city?s media advisory/distribution lists. Again, I ask that you con?rm receipt of this email and to add the following email addresses to your media advisory/distribution lists: I I wendicthomas@mlk50.com Case 2:20-cv-02343 Document 1-10 Filed 05/13/20 Page 4 of 6 PagelD 51 Wendi C. Thomas Editor, MLK50: Justice Through Journalism mlk50.com Facebook Twitter @mlk50memphis 901?210?4034 mow mlk50@mlk50.com Support independent journalism. Click here to make a tax-deductible donation to MLK50. On Oct 30, 2019, at 11:29 AM, Wendi Thomas wrote: I?m not sure this went through as I didn?t get a response. I?ll be at the event this afternoon. Please con?rm that you have added the following email addresses to all of the city?s media advisory/distribution lists. wendicthomas@mlk50.com deb@mlk50.com mlk50@mlk50.com If you have any questions, please reach out at this email address or the phone number below. Best, Wendi Wendi C. Thomas Editor, MLKSO: Justice Through Journalism mlk50.com Facebook Twitter @mlk50memphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLK50. On Oct 29, 2019, at 1:46 PM, Wendi Thomas wrote: I?d like to RSVP for tomorrow?s public records event for the media. I did not receive the email (pasted below) that was sent to other local media outlets. Given that I Case 2:20-cv-02343 Document 1-10 Filed 05/13/20 Page 5 of 6 PagelD 52 ?le a signi?cant number of public records requests, including one that is 433 days old today, I?m surprised that neither MLK50 nor was included. A member ofthe Institute for Nonpro?t News, MLK50: Justice Through Journalism is a nonpro?t newsroom focused on poverty, power and public policy. Can you please con?rm that the following email addresses have been added to any and all media advisory/distribution lists sent by any and all city departments? wendicthomas@mlk50.com deb@mlk50.com mlk50@mlk50.com Thanks in advance, Wendi Wendi C. Thomas Editor, MLK50: Justice Through Journalism m k50.com Facebook Twitter @mlk50memphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLK50. From: Springer, Dan Sent: Wednesday, October 23, 2019 10:33 AM To: Springer, Dan Subject: Media Advisory--City of Memphis demonstration of new ?Memphis Data Hub? Good morning, Please see the attached advisory regarding a media training session for the City?s new Memphis Data Hub site. For members of the media interested in attending, please RSVP. to Thanks DS Dan Springer Deputy Director, Media Affairs Of?ce of Mayor Jim Strickland City of Memphis Case 2:20-cv-02343 Document 1-10 Filed 05/13/20 Page 6 of 6 PagelD 53 125 North Main, Suite 700 Memphis, TN 38103 Of?ce: 901.636.6543 Cell: 901.302.0652 To receive Mayor Strickland?s Weekly Update in your inbox, sign up here. Case 2:20-cv-02343 Document 1-9 Filed 05/13/20 Page 5 of 5 PageID 47 Thanks DS DanSp?nger Deputy Director, Media Affairs Of?ce of Mayor Jim Strickland GWofMempMs 125 North Main, Suite 700 Memphis, TN 38103 Of?ce: 901.636.6543 Cell: 901.302.0652 To receive Mayor Strickland?s Weekly Update in your inbox, sign up here. Case 2:20-cv-02343 Document 1-11 Filed 05/13/20 Page 1 of 6 PageID 54 EXHIBIT I From: Subject: Date: To: Cc: Case 2:20-cv-02343 Document 1-11 Filed 05/13/20 Page 2 of 6 PagelD 55 Wendi Thomas wendicthomas@mlk50.com A new year, another attempt! TRY SIX RESPONSE RESPECTFULLY REQUESTED Re: public records event tomorrow. January 14, 2020 at 2:44 PM Madden, Ursula ursula.madden@memphistn.gov, Cole, Arlenia arlenia.cole@memphistn.gov, Springer, Daniel Dan.Springer@memphistn.gov Deborah Douglas deb@mlk50.com Hope your 2020 is off to a good start. I wanted to follow up on my request to have MLK50 added to the city?s media advisory lists. I?ve also ?led a related public records request W014200-011420) for the city?s written policy that governs media credentialing and how it decides which journalists/outlets are added to media distribution lists. Again, ask that MLK50 (speci?cally these email addresses: wendicthomas@mlk50.com. deb@mlk50.com and mlk50@mlk50.com) be added to the city?s media advisory lists. By failing to add MLK50 to these lists - and failing to provide the written policy governing this decision - the city of Memphis has chosen to treat this legitimate news gathering organization differently from other organizations. What MLK50 does is expressly protected by the First Amendment. I would like to resolve this as soon as possible, without getting outside parties involved. Feel free to call me at the number below if you have any questions. Best, Wendi Wendi C. Thomas Editor, MLK50: Justice Through Journalism m k50.com Facebook Twitter @mlk50memphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLK50. On Nov 20, 2019, at 12:47 PM, Wendi Thomas wrote: Hi, I hope you?re all doing well. What can I do to expedite my request to be added to the city?s media advisory list? Ursula and Arlenia, I?ve sent you text messages today. Arlenia, I?ve left you a voice mail message today at your work and cell number. I?ve sent emails on Oct. 29, Oct. 30, Nov. 6 and now again, Nov. 20. In that time, I haven?t gotten a response to my emails or added to the lists. There?s nothing on the city?s communications page that indicates there?s a media credentialing Case 2:20-cv-02343 Document 1-11 Filed 05/13/20 Page 3 of 6 PagelD 56 process, but if there is one, please advise. If there?s additional information you need from me or about MLK50, please let me know. Exclusion from these advisories makes it dif?cult for journalists to do their jobs. We respectfully ask for treatment equal to that provided to other local news organizations. Best, Wendi Wendi C. Thomas Editor, MLK50: Justice Through Journalism mlk50.com Facebook Twitter @mlkSOmemphis 901-210-4034 Support independent journalism. Click here to make a tax?deductible donation to MLKSO. Begin forwarded message: From: Wendi Thomas Subject: TRY FOUR. RESPONSE RESPECTFULLY REQUESTED Re: public records event tomorrow. Date: November 6, 2019 at 7:29:03 PM CST To: "Cole, Arlenia" "Springer, Daniel" "Madden, Ursula" Cc: Deborah Douglas Arlenia, Ursula and Dan: Following up. This is my fourth attempt to get the city to add MLKSO to its media advisory lists. asked Dan once in person at least week?s event. None of my emails have bounced back, which leads me to believe that the emails are being received. Again, ask that you con?rm receipt of this email and to add the following email addresses to your media advisory/distribution lists: wendicthomas@mlk50.com deb@mlk50.com mlk50@mlk50.com By way of background, MLKSO is a member of the Institute for Nonpro?t News, which requires us to adopt ethics and transparency policies. We are the only local nonpro?t news organization that is a member. Case 2:20-cv-02343 Document 1-11 Filed 05/13/20 Page 4 of 6 PageID 57 We are also part of ProPublica?s Local Reporting Network and received the 2019 Best Practices Award from the National Association of Black Journalists. You may have seen stories published in The Guardian on NPR here and here and here and in The Commercial Appeal. or referenced in New York Times and Mother Jones. I?m glad to provide any additional information you may need to add us to the media advisory distribution list. If you have made a decision not to add MLK50, I?d like to know the reason for that decision and to see the city policy that governs such decisions. Thanks in advance, Wendi Wendi C. Thomas Editor, MLK50: Justice Through Journalism mlk50.com Facebook Twitter @mlk50memphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLK50. On Oct 31, 2019, at 8:09 PM, Wendi Thomas wrote: Hi! I hope all is well. I spoke to Dan at yesterday?s media event about this email, yet have not received con?rmation that you have received or that have been added to the city?s media advisory/distribution lists. Again, ask that you con?rm receipt of this email and to add the following email addresses to your media advisory/distribution lists: wendicthomas@mlk50.com ?@mlk50.com mlk50@mlk50.com Wendi C. Thomas Editor, MLKSO: Justice Through Journalism m k50.com Facebook Twitter @mlkSOmemphis 901-210-4034 Support independent journalism. Click here to make a tax?deductible donation to MLK50. Case 2:20-cv-02343 Document 1-11 Filed 05/13/20 Page 5 of 6 PagelD 58 On Oct 30, 2019, at 11:29 AM, Wendi Thomas wrote: I?m not sure this went through as I didn?t get a response. I?ll be at the event this afternoon. Please con?rm that you have added the following email addresses to all of the city?s media advisory/distribution lists. wendicthomas@mlk50.com deb@mlk50.com mlk50@mlk50.com If you have any questions, please reach out at this email address or the phone number below. Best, Wendi Wendi C. Thomas Editor, MLK50: Justice Through Journalism m k50.com Facebook Twitter @mlk50memphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLK50. On Oct 29, 2019, at 1:46 PM, Wendi Thomas wrote: I?d like to RSVP for tomorrow?s public records event for the media. I did not receive the email (pasted below) that was sent to other local media outlets. Given that I ?le a signi?cant number of public records requests, including one that is 433 days old today, I?m surprised that neither MLK50 nor was included. A member of the Institute for Nonpro?t News, MLK50: Justice Through Journalism is a nonpro?t newsroom focused on poverty, power and public policy. Can you please con?rm that the following email addresses have been added to any and all media advisory/distribution lists sent by any and all city departments? wendicthomas@mlk50.com M?mlk50com mlk50@mlk50.com Thanks in advance, Case 2:20-cv-02343 Document 1-11 Filed 05/13/20 Page 6 of 6 PagelD 59 Wendi Wendi C. Thomas Editor, MLK50: Justice Through Journalism mlk50.com Facebook Twitter @mlk50memphis 901-210-4034 Support independent journalism. Click here to make a tax-deductible donation to MLK50. From: Springer, Dan Sent: Wednesday, October 23, 2019 10:33 AM To: Springer, Dan Subject: Media Advisory--City of Memphis demonstration of new ?Memphis Data Hub? Good morning, Please see the attached advisory regarding a media training session for the City?s new Memphis Data Hub site. For members ofthe media interested in attending, please RSVP. to Thanks DS Dan Springer Deputy Director, Media Affairs Of?ce of Mayor Jim Strickland City of Memphis 125 North Main, Suite 700 Memphis, TN 38103 Of?ce: 901.636.6543 Cell: 901.302.0652 To receive Mayor Strickland?s Weekly Update in your inbox, sign up here. Case 2:20-cv-02343 Document 1-12 Filed 05/13/20 Page 1 of 8 PageID 60 EXHIBIT Case 2:20-cv-02343 Document 1-12 Filed 05/13/20 Page 2 of 8 PageID 61 BEPDBTEBS COMMITTEE FOR FREEDOM OF THE PRESS 1156 15th Street NW, Suite 1020 Washington, DC 20005 (202) 795-9300 Bruce D. Brown, Executive Director STEERING COMMITTEE STEPHEN J. ADLER Reuters . SCOTT APPLEWHITE The Associated Press WOLF BLITZER CNN DAVID BOARDMAN Temple University MASSIMO CALABRESI Time Magazine MANNY GARCIA ProPubliea EMILIO GARCIA-RUIZ The Washington Post JOSH GERSTEIN Politico ALEX GIBNEY Jigsaw Productions SUSAN GOLDBERG National Geographic JAMES GRHVIALDI The Wall Street Journal LAURA HANDMAN Davis Wright Tremaine DIEGO IBARGUEN Hearst KAREN KAISER The Associated Press DAVID LAUTER Los Angeles Times DAHLIA LITHWICK Slate MARGARET LOW WB UR JANE MAYER The New Yorker COLLEEN MCCAIN NELSON The MeClatchy Company MAGGIE MULVIHILL Boston University JANIES NEFF The Philadelphia Inquirer NORMAN PEARLSTINE The Los Angeles Times CAROL ROSENBERG The New York Times THOMAS C. RUBIN Quinn Emmanuel CHARLIE SAVAGE The New York Times BEN SMITH BuzzFeed JENNIFER SONDAG Bloom berg News ADAM SYMSON The E. W. Scripps Company PIERRE THOMAS ABC News SAUNDM TORRY Freelance VICKIE WALTON-JAMES NPR JUDY WOODRUFF he NewsHour SENIOR ADVISORS CHIP BOK Creators Syndicate TONY MAURO National Law Journal, ret. ANDREA MITCHELL NBC News PAUL STEIGER ProPublica A?iliations appear only for purposes of identi?cation March 16, 2020 VIA EMAIL Jennifer A. Sink Chief Legal Of?cer City of Memphis N. Main St. Room 336 Memphis, TN 38103 Re: City of Memphis Media Advisory List Dear Ms. Sink: I represent MLKSO: Justice Through Journalism a non-pro?t, award-winning, Memphis-based online news organization, regarding the City of Memphis?s (the ??City?) refusal to include MLKSO on the City?s media advisory list. On at least six occasions, including in-person, via email, and by text, from October 2019 until January 2020, publisher, Wendi Thomas (?Thomas?) has requested that MLKSO be added to the City?s media advisory list, but the City has, inexplicably and repeatedly, refused to even respond to her requests, let alone add MLKSO to the list. I write to you in the hope that you can remedy this infringing, discriminatory, and possibly retaliatory decision by the City. The media advisory list is an email list that the City uses to communicate with members of the media regarding things like upcoming City events and statements by the Mayor. Thomas (using her gmail account) was previously on the media advisory list. The last media advisory list email Thomas received was on January 18, 2018. Thomas became aware that she was no longer on the City?s media advisory list when a peer at another media entity informed her about the City?s October 23, 2019 email that attached a ?Media Advisory? regarding the City?s demonstration of a new data hub. While Thomas was able to attend and report on the demonstration, it is only because of the assistance of a fellow journalist. MLKSO is informed and believes that it has not received other newsworthy communications from the City that were shared with other members of the media. The City?s refusal may be motivated by its apparent dislike of coverage of the City. In June 2017, the City?s Chief Communications Of?cer, Ursula Madden said to Thomas in an email that Thomas had ?demonstrated, particularly on social media, that you are not objective when it comes to Mayor Strickland.? Regardless of the City?s motivation for its refusal, the City?s actions Violate First Amendment and Tennessee Constitutional rights. Case 2:20-cv-02343 Document 1-12 Filed 05/13/20 Page 3 of 8 PageID 62 Both the federal and Tennessee Constitutions provide protections for the newsgathering activity of journalists and news organizations, like MLK50. The First Amendment re?ects our country?s ?profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.? N. Y. Times v. Sullivan, 376 U.S. 254, 270 (1964). In fact, the U.S. Supreme Court has explained that the First Amendment protects ?a ?right to gather information?? because, ??without some protection for seeking the news, freedom of the press could be eviscerated.?? Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 576 (1980) (quoting Branzburg v. Hayes, 408 U.S. 665, 681 (1972)). The Sixth Circuit has similarly held that ?[t]he protected right to publish the news would be of little value in the absence of sources from which to obtain it.? CBS, Inc. v. Young, 522 F.2d 234, 238 (6th Cir. 1975). As such, ?[n]ews gathering quali?es for First Amendment protections.? Id. (citing Branzburg, 408 U.S. at 681, 707). Courts have found that a refusal to include a media entity on lists similar to the City?s media advisory list violated the excluded media entity?s First Amendment rights. In imes-Picayune, the local sheriff, among other things, instructed his PlO?s to ?not provide The Times-Picayune with notification of newsworthy events notwithstanding that the of?cers routinely and systematically notify other news organizations which cover? the sheriff. Times-Picayune Publ?g Corp v. Lee, No. 88-1325, 1988 WL 36491, at *2 (ED. La. Apr. 15, 1988). The sheriff? policies ?materially and adversely impair[ed] the newspaper?s ability to gather and report the news in a timely, comprehensive and informative manner.? Id at The First Amendment right to gather news ?includes, at a minimum, a right of access to information made available to the public or made available generally to the press.? Id. at *9 (citations omitted); see also Citicasters Co. v. inkbeiner, No. 07-CV- 00117, 2007 WL 9753682, at *2-4 (N .D. Ohio Jan. 31, 2007) (?nding ?a strong likelihood of success on the underlying merits with regard to the Defendants? unilateral refusal to notify an established media outlet that press conferences are going to be held is a Violation of the First Amendment?). Other courts have reached similar conclusions in analogous situations. For example, the Second Circuit has explained that think that once there is a public function, public comment, and participation by some of the media, the First Amendment requires equal access to all of the media or the rights of the First Amendment would no longer be tenable.? American Broadcasting Companies, Inc. v. Cuomo, 570 F.2d 1080, 1083 (1977). Similarly, the First Circuit has held that ?[t]he danger in granting favorable treatment to certain members of the media is obvious: it allows the government to in?uence the type of substantive media coverage that public events will receive. Such a practice is unquestionably at odds with the First Amendment.? Anderson v. Cryovac, Inc, 805 F.2d 1, 9 (lst Cir. 1986). Case 2:20-cv-02343 Document 1-12 Filed 05/13/20 Page 4 of 8 PageID 63 Tennessee?s constitutional protections for speech and the press are generally stronger than the First Amendment?s. The Tennessee Supreme Court has explained that Article 1, Section 19 of ?Tennessee?s Constitution requires that any infringement upon the ?free communication of thoughts? and any stumbling block to the complete freedom of the press ?to examine [and publish] the proceedings of any branch or of?cer of the government? is regarded as constitutionally suspect, and at the very threshold there is a presumption against the validity of any such impediment.? Press, Inc. v. Verrcm, 569 435, 442 (1978). The First Amendment ?presupposes that right conclusions are more likely to be gathered out of a multitude of tongues, than through any kind of authoritative selection.? US. v. Associated Press, 52 F. Supp. 362, 372 (S.D.N.Y. 1943). And the City?s refusal to add MLKSO to the media advisory list appears to be the very type of ?authoritative selection? that Judge Hand warned against. The City?s actions have impaired ability to gather news regarding the City and have infringed First Amendment and analogous rights under the Tennessee Constitution. As such, MLKSO requests that three of its email addresses: wendicthomas@mlk50.com, deb@mlk50.com and mlk50@mlk50.com, each be added to the media advisory list to end this infringing, discriminatory, and possibly retaliatory practice by the City. Thank you for your prompt attention to this matter. I look forward to your response. Best regards, MW Paul R. McAdoo Local Legal Initiative Staff Attorney (Tennessee) 6688 Nolensville Rd. Ste. 108-20 Brentwood, TN 37027 Case 2:20-cv-02343 Document 1-12 Filed 05/13/20 Page 5 of 8 PageID 64 BEPDBTEBS COMMITTEE FOR FREEDOM OF THE PRESS 1156 15th Street NW, Suite 1020 Washington, DC 20005 (202) 795-9300 Bruce D. Brown, Executive Director STEERING COMMITTEE STEPHEN J. ADLER Reuters . SCOTT APPLEWHITE The Associated Press WOLF BLITZER CNN DAVID BOARDMAN Temple University MASSIMO CALABRESI Time Magazine MANNY GARCIA ProPubliea EMILIO GARCIA-RUIZ The Washington Post JOSH GERSTEIN Politico ALEX GIBNEY Jigsaw Productions SUSAN GOLDBERG National Geographic JAMES GRHVIALDI The Wall Street Journal LAURA HANDMAN Davis Wright Tremaine DIEGO IBARGUEN Hearst KAREN KAISER The Associated Press DAVID LAUTER Los Angeles Times DAHLIA LITHWICK Slate MARGARET LOW WB UR JANE MAYER The New Yorker COLLEEN MCCAIN NELSON The MeClatchy Company MAGGIE MULVIHILL Boston University JANIES NEFF The Philadelphia Inquirer NORMAN PEARLSTINE The Los Angeles Times CAROL ROSENBERG The New York Times THOMAS C. RUBIN Quinn Emmanuel CHARLIE SAVAGE The New York Times BEN SMITH BuzzFeed JENNIFER SONDAG Bloom berg News ADAM SYMSON The E. W. Scripps Company PIERRE THOMAS ABC News SAUNDRA TORRY Freelance VICKIE WALTON-JAMES NPR JUDY WOODRUFF he NewsHour SENIOR ADVISORS CHIP BOK Creators Syndicate TONY MAURO National Law Journal, ret. ANDREA MITCHELL NBC News PAUL STEIGER ProPublica A?iliations appear only for purposes of identi?cation April 13, 2020 VIA EMAIL Jennifer A. Sink Chief Legal Of?cer City of Memphis 125 N. Main St. Room 336 Memphis, TN 38103 Re: City of Memphis Media Advisory List Dear Ms. Sink: On March 16, 2020, I wrote on behalf of my client MLK50: Justice Through Journalism a non-pro?t, award-winning, Memphis-based online news organization, regarding the City of Memphis?s (the ?City?) refusal to include MLK50 on the City?s media advisory list. I have yet to receive a response. In the four weeks since my last letter, the City has continued its refusal to add MLK50 to its media advisory list. The City also has exacerbated the problem by refusing to add MLK50 to the list of journalists who are receiving emails with log-in information for the Virtual press conferences being held by the Joint COVID-19 Task Force, despite a request from Shelby County (the ?County?) that it do so. This ongoing course of action violates First Amendment rights, its rights under Article 1, Section 19 of the Tennessee Constitution, and the Kendrick Consent Decree. I urge you to remedy this situation, which is entirely in the City?s control, immediately. The City?s conduct toward MLK50 is clearly motivated by a perception that the content of coverage is somehow unfair or ?not objective.? Indeed, the City?s Chief Communications Of?cer, Ursula Madden, expressly told Wendi Thomas in an email that Ms. Thomas had purportedly ?demonstrated, particularly on social media, that you are not objective when it comes to Mayor Strickland.? This is not a legal justi?cation for excluding a reporter or news outlet from a press conference or press list. And the City?s recent course of conduct? including its failure to respond to my initial letter regarding its refusal to add MLK50 to the media advisory list, and its refusal of the County?s request to add MLK50 to the list of media given access to the Joint Task Force?s Virtual daily press conferences?only reinforce the conclusion that the City is trying to punish MLK50 for the content of past coverage to which the City takes exception. ?Once there is a public function, public comment, and participation by some of the media, the First Amendment requires equal access to all of the media or the rights of the First Amendment would no longer be tenable.? Am. Broad. Cos. v. Cuomo, 570 F.2d 1080, 1083 (2d Cir. 1977) (emphasis added); accord Anderson v. Cryovac, Inc, 805 F.2d 1, 9 (lst Cir. 1986); Getty Images News Servs. v. DOD, 193 F. Supp. 2d 112, 122 (D.D.C. 2002). Thus, ?when press access is granted to Case 2:20-cv-02343 Document 1-12 Filed 05/13/20 Page 6 of 8 PageID 65 some, others have a constitutional right to equal access,? and ?particular journalists [may] not be singled out for exclusion but rather [are] entitled to access on the same terms as other journalists.? Getty Images, 193 F. Supp. 2d at 122; Nicholas v. Bratton, 376 F. Supp. 3d 232, 259 (S.D.N.Y. 2019) an area is open to . . . some members of the press, the First Amendment restricts the government?s ability to selectively regulate the press?s access to that area?); see also Am. Broad. C0s., 570 F.2d at 1083 (once NBC and CBS were invited to cover a mayoral debate, ABC could not be excluded). To be sure, the ?right to equal access under the [F]irst [A]mendment is not absolute,? and ?the interest to be served by the newsgathering activity at issue must be balanced against the [government?s] interest served by denial of that activity.? Nicholas, 376 F. Supp. 3d at 260. But the government has no legitimate interest in restricting access to media outlets based solely on the content or Viewpoint of their reporting. See Sherrill v. Knight, 569 F.2d 124, 129 (DC. Cir. 1977) of a . . . press pass is violative of the ?rst amendment . . . if it is based upon the content of the journalist?s speech or otherwise discriminates against a class of protected speech?); Borreca v. Fast, 369 F. Supp. 906, 907 (D. Haw. 1974) (enjoining mayor from barring journalist from press conferences Where the mayor claimed the reporter ?was irresponsible, biased, and malicious in reporting on the mayor and the city administration?); Quad-City Cmty. News Serv., Inc. v. Jebens, 334 F. Supp. 8, 13 (SD. Iowa 1971) (citations omitted) (explaining that ?public of?cials cannot impede the free exercise of speech or press simply because the content is insulting, disturbing or critical?); cf. JB Pictures, Inc. v. DOD, 86 F.3d 236, 239 (DC. Cir. 1996) (rejecting claim that media access policy was ?discriminatory? and ?viewpoint-based? because it applied ?in a uniform fashion to all members of the press and public, regardless of their views on war or the United States military?). Indeed, ?[t]he danger in granting favorable treatment to certain members of the media is obvious: it allows the government to in?uence the type of substantive media coverage that public events will receive,? which ?is unquestionably at odds with the [F]irst [A]mendment.? Anderson, 805 F.2d at 9. Such content-based and Viewpoint-based restrictions ?are presumptively unconstitutional and may be justi?ed only if the government proves that they are narrowly tailored to serve compelling state interests.? Reed v. Town of Gilbert, Ariz. 135 S. Ct. 2218, 2226 (2015). Here, the City created the media advisory list to communicate with journalists regarding government conduct and issues affecting City residents. The list is now also being used to provide press access to the Joint COVID-19 Task Force?s daily virtual press conferences so that members of the press may ask questions during those important brie?ngs. Despite the County?s request to add MLK50 to the media advisory list, the City has continued in its unjusti?ed and unconstitutional viewpoint discrimination against MLK50. The City?s refusal to add MLK50 to the media advisory list also violates the Kendrick Consent Decree. Paragraph of the Kendrick Consent Decree provides that ?the City of Memphis shall not disrupt, discredit, interfere with or otherwise harass any person exercising First Amendment rights.? Similarly, Paragraph provides that ?The City of Memphis shall not engage in any action for the purpose of, or reasonably having the effect of deterring any person from exercising First Amendment rights.? As outlined above, the City?s actions here interfere with exercise of its First Amendment rights, thus violating the Kendrick Consent Decree. Case 2:20-cv-02343 Document 1-12 Filed 05/13/20 Page 7 of 8 PageID 66 The City?s ongoing, improper refusal to add MLKSO to its media advisory list ultimately harms City residents. Founded in 2017, MLK50 is part of ProPublica?s Local Reporting Network, received the 2019 Best Practices Award from the National Association of Black Journalists, and was one of the ?rst eleven recipients of grants from the American Journalism Project. stories are not only carried on its website, but have also been published in The Guardian, on NPR, and in The Commercial Appeal, the latter of which has numerous journalists on the media advisory list. Both of the individual journalists MLKSO seeks to have included on the media advisory list are accomplished journalists in their own rights. Ms. Thomas has been a reporter or editor at several large daily newspapers, including The Commercial Appeal, was a 2016 fellow at the Nieman Foundation for Journalism, and won the 2020 Selden Ring Award for Investigative Reporting. Her colleague, Deborah Douglas, managing editor, is likewise an accomplished journalist. Among other things, Ms. Douglas previously served as an editor for the Chicago Sun-Times and won the 2019 Studs Terkel Community Media Award. Simply put, by restricting ability to engage in the kind of investigative reporting that has won it and its journalists awards and national recognition, the City?s actions deprive City residents of important, in?depth reporting by MLKSO about the City. The City?s refusal to add MLKSO to the media advisory list violates constitutional rights under both federal and state law and violates the Kendrick Consent Decree. MLKSO requests that three of is email addresses be added immediately to the City?s media advisory list, including for the Joint Task Force: wendicthomas@mlk50.com, deb@mlk50.com and mlk50@mlk50.com. I request the professional courtesy of a response by Friday, April 17, 2020. Best regards, ?e/rmw Paul R. McAdoo Reporters Committee for Freedom of the Press Local Legal Initiative Staff Attorney (Tennessee) 6688 Nolensville Rd. Ste. 108-20 Brentwood, TN 37027 Case 2:20-cv-02343 Docug-?e :mm Filed 05/13/20 Page 8 of 8 PageID 67 .t 1 JIM STRICKLAND 9 MAYOR I I Ip CITY ATTORNEY TENNESSEE April 15, 2020 Paul R. McAdoo Local Legal Initiative Staff Attorney (Tennessee) 6688 Nolensville Rd. Ste. 108-20 Brentwood, TN 37027 Via Email Mr. McAdoo: The City of Memphis has been in a State of Emergency due to the Covid-19 pandemic since March 17, 2020. As a result, I am unable to respond to your letter dated March 16, 2020 in the time requested, but I will respond as soon as able. Thank you, Jennifer Sink Jennifer Sink, Esq. Chief Legal Of?cer/City Attorney 125 North Main Street, Room 336 Memphis, Tennessee 38103-2079 (901) 636-6614 Fax (901 636-6531 Case 2:20-cv-02343 Document 1-13 Filed 05/13/20 Page 1 of 3 PageID 68 EXHIBIT Case 2:20-cv-02343 Document 1-13 Filed 05/13/20 Page 2 of 3 PageID 69 COMMITTEE FOR FREEDOM OF THE PRESS 1156 15th Street NW, Suite 1020 Washington, DC 20005 (202) 795-9300 Bruce D. Brown, Executive Director STEERING COMMITTEE STEPHEN . ADLER Reuters J. SCOTT APPLEWHITE The Associated Press WOLF BLITZER CNN DAVID BOARDMAN Temple University MASSIMO CALABRESI Time Magazine MANNY GARCIA ProPublica EMILIO GARCIA-RUIZ The Washington Post JO SH GERSTEIN Politico ALEX GIBNEY Jigsaw Productions SUSAN GOLDBERG National Geographic JAMES GRIMALDI The Wall Street Journal LAURA HANDMAN Davis Wright Tremaine DIEGO IBARGUEN Hearst KAREN KAISER The Associated Press DAVID LAUTER Los Angeles Times DAHLIA LITHWICK Slate MARGARET LOW WB UR JANE The New Yorker COLLEEN MCCAIN NELSON The McClatchy Company MAGGIE MULVIHILL Boston University JAMES NEF The Philadelphia Inquirer NORMAN PEARLSTINE The Los Angeles Times CAROL ROSENBERG The New York Times THOMAS C. RUBIN Stanford Law School CHARLIE SAVAGE The New York Times BEN SMITH The New York Times JENNIFER SONDAG Bloomberg News ADAM SYMSON The E. W. Scripps Company THOMAS ABC News SAUNDRA TORRY Freelance VICKIE NPR JUDY WOODRUFF he NewsHour SENIOR ADVISORS CHIP BOK Creators Syndicate TONY MAURO National Law Journal, ret. ANDREA MITCHELL NBC News PAUL STEIGER ProPublica A ??iliations appear only for purposes of identification May 4, 2020 VIA EMAIL The Honorable Jon P. McCalla c/o Independent Monitor Edward L. Stanton 6075 Poplar Avenue, Ste. 500 Memphis, TN 3 81 19 Re: Kendrick Consent Decree Public Comment Dear Judge McCalla: Pursuant to your Order Adopting Public Comment Procedure (ECF No. 295) in ACLU of Tennessee, Inc. v. The City of Memphis, No. 2:17-cv-02120-JPM-jay, MLK50: Justice Through Journalism and its founder, editor, and publisher, Wendi Thomas, submit these public comments regarding the City of Memphis?s (the ?City?) compliance with the Kendrick Consent Decree. Speci?cally, the City has refused repeated requests to add it, Ms. Thomas, and managing editor, Deborah Douglas, to the City?s media advisory lists, which is inconsistent with the City?s obligations under the Kendrick Consent Decree. Paragraph of the Kendrick Consent Decree provides that ?the City of Memphis shall not disrupt, discredit, interfere with or otherwise harass any person exercising First Amendment rights.? Similarly, Paragraph (F provides that ?[t]he City of Memphis shall not engage in any action for the purpose of, or reasonably having the effect of deterring any person from exercising First Amendment rights.? The City has interfered with MLKSO and its journalists? First Amendment rights and attempted to deter them from exercising their First Amendment rights by refusing to add them to the City?s media advisory lists. The City maintains a list of media email contacts that it uses to inform members of the media of events and actions involving the City (the ?media advisory list?). Until January 2019, Ms. Thomas was on that media advisory list. After learning that she had been removed from the media advisory list in fall 2019, Ms. Thomas, on multiple occasions, has sought to have herself, MLKSO, and Ms. Douglas added to it, but the City has refused to do so. On March 16, 2020, and then again on April 13, 2020, the undersigned wrote to the City to make the same request on behalf of MLKSO. Copies of these letters are enclosed. To date, the City?s only response to the undersigned?s letters was a non-substantive acknowledgment of receipt. As discussed in more detail in the enclosed letters, the City?s refusal is motivated by its perception that coverage of it is somehow unfair or ?not Case 2:20-cv-02343 Document 1-13 Filed 05/13/20 Page 3 of 3 PageID 7O objective.? Such content- and viewpoint-based discrimination, however, runs afoul of the First Amendment. The attached letters more fully discuss the case law on this issue. Not having the same access to information available to other members of the media Whom the City has included on its media advisory list interferes with MLKSO and its journalists? First Amendment rights and is done to deter their coverage of the City, both of which are violations of the Kendrick Consent Decree. As this Court has explained, ?Public input is a key component of ensuring the City?s compliance with the Kendrick Consent Decree.? (ECF No. 295 at 1.) MLKSO appreciates the opportunity to bring this issue to the attention of the Court so as to ensure the City?s compliance with the Kendrick Consent Decree. If you need anything further from me or my clients, please do not hesitate to contact me at your convenience. Best regards, Paul McAdoo Reporters Committee for Freedom of the Press Local Legal Initiative Staff Attorney (Tennessee) 6688 Nolensville Rd. Ste. 108-20 Brentwood, TN 37027 Enclosures Case 2:20-cv-02343 Document 1-14 Filed 05/13/20 Page 1 of 4 PageID 71 EXHIBIT Case 2:20-cv-02343 Document 1-14 Filed 05/13/20 Page 2 of 4 PageID 72 From: Inez, Danielle Subject: COVID Briefings - Media Coverage Date: April 6, 2020 at 3:43 PM To: Carr, Joan Cc: ursula.madden@memphistn.gov, Springer, Dan Dan.Springer@memphistn.gov, Tipper, Courtney Hi Joan: Can you please coordinate with Ursula and Dan (cc?d here) to make sure that Wendi Thomas (MLKSO) has access to the daily press brie?ngs regarding She?s been providing frequent updates/best practices, and we want to make sure that this continues in the digital format. Let me know when con?rmed so that our PIO can follow up. Thanks! wendicthomas@mlk50.com mlk50@mlk50.com Worm regards, Donielle Inez Mayor?s Office Chief of Staff Shelby County Government 0: 901.222.2018 c: 901.417.4289 e: SHELBY COUNTY HEART of AMERICA Case 2:20-cv-02343 Document 1-14 Filed 05/13/20 Page 3 of 4 PageID 73 Subject: RE: 12 pm. Joint COVID Task Force Briefing and Health Dept. Update Date: April 7, 2020 at 10:57 AM To: Springer, Dan Dan.Springer@memphistn.gov, wendicthomas@mlk50.com Cc: Jim Strickland Jim.Strickland@memphistn.gov From: Inez, Danielle Dan: Add Wendi Thomas to the email list for COVID announcements as previously requested, please. Thank you. Worm regords, Danielle Inez Mayor's Office Chief of Staff Shelby County Government 0: 901.222.2018 c: 901.417.4289 e: SHELBY COUNTY GOVERNMENT HEART of AMERICA From: Springer, Dan Sent: Tuesday, April 7, 2020 10:49 AM To: Springer, Dan Subject: 12 pm. Joint COVID Task Force Briefing and Health Dept. Update This EMAIL was not sent from a Shelby County Government email address. Please use caution. Media partners, At 12 pm. there will be a COVID19 Task Force Update with Shelby County Mayor Lee Harris, Doug McGowen, Chief Operating Of?cer, City of Memphis, and the Shelby County Health Department. The brie?ng will be streamed across the WYPL FM TV 18, The City of Memphis Facebook page. Below is the information to join. You are invited to a Zoom webinar. When: Apr 7, 2020 12:00 PM Central Time (US and Canada) Topic: COVID-19 Joint Task Force Update Please click the link below to join the webinar: Password: 987908 In order to facilitate all questions from the press, we will be hosting a ZOOM webinar for each brie?ng in conjunction with the live stream. ZOOM can be used via desktop, laptop, or mobile device, and we have attached a "How To" slide for ?rst time Zoom users. You will be able to ask live questions, as well as, type in your questions. In order to ?eld all questions, we will work directly down the list of attendees, and once the list is completed, return to the top for additional questions. ZOOM webinar allows attendees to "Raise Your Hand" in order to alert the moderator that you have a questionthe queue and there is no response, we will identify your user name, read your question if you have typed one out, and move to the next attendee. When setting up your ZOOM account/app, you MUST do so with your of?cial media station email and name "press identity" in order to be identi?ed and allowed to ask questions. When joining a ZOOM webinar we ask that you do not call in with the ZOOM generated telephone number but instead use the ZOOM meeting link or the Meeting ID. Phone Call attendees have no identi?cation other than the phone number used to call in with and WILL NOT be Case 2:20-cv-02343 Document 1-14 called upon for questions. Thank you for your help, DS Dan Springer Deputy Director, Media Affairs Office of Mayor Jim Strickland City of Memphis 125 North Main, Suite 700 Memphis, TN 38103 Of?ce: 901.636.6543 Cell: 901.302.0652 in? MEMPHIS Filed 05/13/20 Page 4 of 4 PageID 74 To receive Mayor Strickland?s Weekly Update in your inbox, sign up here. Case 2:20-cv-02343 Document 1-15 Filed 05/13/20 Page 1 of 6 PageID 75 EXHIBIT From: Case 2:20-cv-O2343 Document 1-15 Filed 05/13/20 Page 2 of 6 PagelD 76 Subject: RE: anniversary of the bridge protest - what's changed? Date: June 27, 2017 at 4:17 PM To: Cc: Madden, Ursula ursula.madden@memphistn.gov Wendi Thomas wendicthomas@mlk50.com Veazey, Kyle kyle.veazey@memphistn.gov Hi Wendi, Objectivity dictates if the mayor does one on one interviews. You have demonstrated, particularly on social media, that you are not objective when it comes to Mayor Strickland. He is responsive, and his team is responsive to all. We constantly share data and information to keep the public informed about what?s happening in this administration ?in fact, we communicate more than any local government entity ever has, and the public recognizes that. lwon?t say that he will never do an interview with MLKSOMemphis, but I will say that you?ve never given him a reason to consider it. 1. The mayor has not changed his mind about hiring Director Railings. 2. We have shared MWBE data, including black business data. To suggest otherwise is incorrect. The previous administration did not track black businesses speci?cally. But we do. So we have provided current numbers but cannot provide growth because we don?t have a basis number from the former administration. But you know this because you asked the previous administration for this same information, right? Here?s a story from a few days ago on a national program the city was invited to participate in to help increase MWBE. This puts us in the same league as Chicago, Charlotte, LA and Milwaukee. 3. This city offered Spring Break camps at every community center for the ?rst time, this year. 1,017 kids went to city camps for spring break. Sixteen of our 19 library branches now have extended hours with all branches being open six days per week. It?s an additional 145 hours per week. The FY18 budget has just under a half a million dollars to hire part time employees to enhance some existing library programs such as Cloud901. Here?s the link on Explore Memphis: Here?s our Summer in Memphis guide: 4. I know that Director Rallings has spoken directly to many of the protesters since July 10, 2016. Have the protesters you talked with speci?cally asked the director about this? To determine who provides in-service training for MPD, you need to contact MPD?but all of?cers have in-service training every year. MPD would also be able to provide you with its community policing efforts. Case 2:20-cv-02343 Document 1-15 Filed 05/13/20 Page 3 of 6 PageID 77 The MOU with the DOJ was signed off on a while ago. You and I personally talked on the phone about how this administration was exploring a best practices review for MPD with either IACP or DOJ (including use of force) months before the bridge protest happened. The mayor thinks that the just and equitable treatment of our young people is important. But since county government administers Juvenile Court and not the city, you would need to speak with the Shelby County Mayor, and the District Attorney General. Thanks, Ursula From: Wendi Thomas Sent: Monday, June 26, 2017 6:53 PM To: Madden, Ursula Cc: Veazey, Kyle Subject: Re: anniversary of the bridge protest - what's changed? I?m really disappointed to hear that the mayor has chosen not to respond. Does the mayor ever plan to talk to MLKSO or just not for this story? Allow me to follow up on the four requests: 1. Most of the organizers we?ve talked with have deep regrets about this. 2. The request also named black business contracting speci?cally, but when the mayor touts the increase in MWBE spending, he does not disaggregate the data. What?s the thinking on the continued refusal to share the information in the format that the protesters requested? Also, what is the increase for black, Asian, Hispanic, Native American and women-owned businesses speci?cally? Here?s a link to the Flyer?s story where the request for black business data was made speci?cally. mr?pmcafeecom/d/avndy uHFuRom- c_fngBegF Ya5 Also, please direct me to reports, stories, evidence that the growth is turning heads nationally. I?ve somehow missed that. 3. Do you have more speci?cs? Which branches are now open on Fridays? How many children were enrolled at spring break camps and in what neighborhoods were those camps held? What are some other speci?c examples of expanded community programming? Case 2:20-cv-02343 Document 1-15 Filed 05/13/20 Page 4 of 6 PagelD 78 4. The protesters we?ve talked to are not aware of cultural sensitivity training being led by organizers, as was the request. Who is leading this training, when is it occurring and how many of?cers have completed it? From the Flyer story: "The caveat to the cultural sensitivity training is that it needs to be led by local activists and organizers, preferably younger activists and organizers. The people who lead that should be vetted and be people who have a history of organizing and being engaged in that type of work," said the Rev. Earle Fisher. When was the DOJ MOU re the review of the use of force requested? Also, and this isn?t directly related to our bridge protest stories, when at the May breakfast with Attorney General Jeff Sessions where releasing Juvenile Court from DOJ supervision came up, what was the mayor?s contribution to that conversation? When was he aware that the county planned to make that request Via letter? Did he support that decision? Thanks in advance for all your help. Wendi C. Thomas Editor, MLK50: Justice Through Journalism mlk50.com Facebook Twitter @mlk50memphis Support independent journalism. Click here to make a tax-deductible donation to MLKSO. On Jun 26, 2017, at 1:45 PM, Madden, Ursula wrote: Hi Wendi, Thank you for your interest to interview the mayor, but we will respectfully decline. Last year, the group that protested made four requests: 1. Name Michael Rallings police director. Director Rallings was named Police Director on August 7, 2016. 2. Increase minority contracting. We continue to do this. When the mayor took of?ce, 12.63 percent of city contract spending went to MWBEs. That number is now more than 21 percent. That?s a 68 percent increase in share. The City is turning heads nationally with what we?re doing on MWBE contracting. 3. Increase crime prevention through community programming. We are doing this. We?ve extended library hours, many branches are Case 2:20-cv-02343 Document 1-15 Filed 05/13/20 Page 5 of 6 PagelD 79 now open on Friday. We?ve increased programming at libraries and introduced more programming in our community centers, including spring break camps (for the ?rst time) and literacy components in summer camps. 4. Increase community policing training and cultural sensitivity training. The of?cers of the Memphis Police Department are doing this. We also have an MOU with the US. Department ofJustice COPS program to review our community policing strategies and use of force. Thanks, Ursula From: Wendi Thomas Sent: Monday, June 26, 2017 9:54 AM To: Veazey, Kyle; Madden, Ursula Subject: Fwd: anniversary of the bridge protest - what's changed? Following up. Haven't heard anything and my deadline is Thursday. Thanks! Sent from my iPhone Begin forwarded message: From: Wendi Thomas Date: June 22, 2017 at 11:53:47 PM CDT To: "Madden, Ursula" "Veazey, Kyle" Subject: anniversary of the bridge protest - what's changed? Ursula and Kyle: I hope this ?nds you doing well. The MLKSO team is working on stories about the ?rst anniversary of the bridge protest. I know protesters met with the mayor, not just at the community forum, but in smaller groups following the protest. I wanted to talk to the mayor about those meetings and what he sees as the city?s responses/solutions to concerns voiced during the protest/forum/later meetings. I?d also like to talk about some of the concerns around police surveillance and what organizers/activists feel is a hyper-policed response to protests. I?d like to meet in person, if possible. My deadline is Thursday afternoon - I?m free between noon and 3 pm. Monday, 9 am. to 11:30 am. Tuesday and 9 am. to 2 pm. Wednesday, and 9 am. to Case 2:20-cv-02343 Document 1-15 Filed 05/13/20 Page 6 of 6 PagelD 80 2 pm. Thursday. - Thanks in advance, Wendi Wendi C. Thomas Editor, MLKSO: Justice Through Journalism mlk50.com Facebook Twitter @mlkSOmemphis Support independent journalism. Click here to make a tax- deductible donation to MLKSO. Case 2:20-cv-02343 Document 1-16 Filed 05/13/20 Page 1 of 3 PageID 81 EXHIBIT MEMPHIS TENNESSEE Case 2:20-cv-02343 Document 1-16 Filed 05/13/20 Page 2 of 3 PagelD 82 MEDIA RELATIONS PM-62-23 POLICY Section: 62-00, MISCELLANEOUS PERSONNEL POLICIES I. PURPOSE SCOPE The purpose of this policy is to establish uniform measures for handling media and public information requests to ensure that responses are handled in a consistent, timely, and accurate manner. This policy applies to all employees and appointees in all City Divisions, its Boards and Agencies regardless of classification or status, and includes all programs that are paid through or receive Federal Grant and/or contract funds; hereinafter collectively referenced as employee. However, this policy does not apply to an employee at a public event where s/he is authorized to speak on behalf of the City. ll. POLICY The official spokesperson for the City is the Mayor?s Communications Office. Employees are prohibited from acting as a spokesperson for the City or posting or making comments as a representative of it. A. MEDIA REQUESTS FOR INTERVIEWS A request for an interview by a member of the media, both print and electronic, must be forwarded to the Mayor?s Communications Office. If approached by media, politely re-direct all interview requests to the Mayor?s Communications Office by stating (for example): ?It is City policy to refer all media inquiries to the Mayor?s Communications Office. You can reach them at (telephone number)? B. MEDIA PRESS RELEASES AND WRITTEN STATEMENTS 1. All news releases and media alerts generated by any division/department should include the Mayor?s purpose statement at the bottom of the page: o. ?Working every day to improve the quality of life for all Memphians.? Effective 07/11/2016 Page 1 of 2 TENNESSEE Case 2:20-cv-02343 Document 1-16 Filed 05/13/20 Page 3 of 3 PagelD 83 MEDIA RELATIONS PM-62-23 POLICY Section: 62-00, MISCELLANEOUS PERSONNEL POLICIES 2. All written statements, new releases and media alerts must be first provided to the Mayor?s Communications Office for approval prior to release. Ill. RESPONSIBILITY Employees who violate this policy will be subject to disciplinary action. The nature and degree of the violation will be factors in determining whether discipline will be imposed and the severity of any such discipline, up to and including termination of employment. Effective 07/11/2016 Page 2 of 2