Safer at Home Order-First Amendment

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7^th Circuit Court of Appeals

Case Name: Denis Navratil v. City of Racine

Case No.: 23-1208

Officials: Hamilton, Kirsch, and Pryor, Circuit Judges.

Focus: Safer at Home Order-First Amendment

Denis Navratil, his spouse Dimple Navratil, and their enterprise, Dimple’s LLC, sued City of Racine and Mayor Cory Mason, along with a defamation claim against Mayor Mason. At the core of the dispute was the city’s refusal to award an emergency grant to Dimple’s LLC due to Denis’s participation in a rally protesting the statewide “Safer at Home Order,” which imposed restrictions on public gatherings, travel, and business operations in response to the COVID-19 pandemic. The rally, held in violation of the Safer at Home Order, had been denied a permit required for gatherings at the State Capitol due to pandemic-related concerns.

Initially, a magistrate judge presided over the case and granted summary judgment in favor of both defendants on all counts. The plaintiffs contested this decision, leading to an appeal.

Upon review, the Seventh Circuit upheld the lower court’s ruling. The court determined that Denis’s involvement in the rally did not qualify as protected First Amendment activity because the rally contravened two legitimate time, place, and manner restrictions—the Safer at Home Order and the state’s permit mandate. Additionally, the court dismissed the plaintiffs’ equal protection assertions, citing a lack of evidence regarding political bias or comparable circumstances. Furthermore, the court rejected the plaintiffs’ due process contentions, finding no infringement upon any constitutionally safeguarded property or liberty interests. Finally, the court concluded that Mayor Mason’s statements were largely true or expressed as pure opinion, rendering them non-actionable under defamation law.

Affirmed.

Decided 05/06/24

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