UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION
RICHARD WOLF,
Plaintiff,
v.
CITY OF ELKHART, INDIANA,
Defendant.

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No. 3:16-cv-00690

Complaint for Injunctive and Declaratory Relief

Introduction
1.

The City of Elkhart maintains a Facebook page where it posts announcements, local news
reports, and other information related to the City. The Facebook page is viewable by the
public, and anyone with a Facebook account can post comments in response to the Citys
postings. Richard Wolf is a resident of the City of Elkhart, and is an advocate for people
with disabilities. Mr. Wolfs advocacy includes, among other things, urging that the City
comply more fully with the Americans with Disabilities Act (ADA), 42 U.S.C.
12101, et seq. Mr. Wolf is active on Facebook, and on occasion would post comments on
the City of Elkharts Facebook page criticizing the Citys lack of ADA compliance. On
multiple occasions, the City of Elkhart removed Mr. Wolfs comments because those
comments were critical of the City, and in 2015, without notice, he was completely
blocked from posting comments. He remains blocked. The Citys censorship of Mr.
Wolfs comments on its Facebook page on the basis of their viewpoint is a violation of
the First Amendment of the United States Constitution and it must be enjoined.

Jurisdiction, Venue, and Cause of Action

2.

This Court has jurisdiction of this cause pursuant to 28 U.S.C. 1331.

3.

Declaratory relief is authorized by Rule 57 of the Federal Rules of Civil Procedure and
28 U.S.C. 2201, 2202.

4.

Venue is proper in this district pursuant to 28 U.S.C. 1391.

5.

Plaintiff brings his cause of action pursuant to 42 U.S.C. 1983 to redress the
deprivation, under color of state law, of rights secured by the Constitution of the United
States.

Parties
6.

Richard Wolf is an adult resident of the City of Elkhart, Indiana.

7.

The City of Elkhart is a municipality located in Elkhart County, Indiana.

Factual Allegations
8.

The City of Elkhart maintains a Facebook page, where, among other things, it posts
announcements, local news reports, and other information related to the City. Pictures
and links to news articles and other Facebook pages often accompany the text of the
Citys post.

9.

The Citys Facebook page can be viewed by the public and anyone with a Facebook
account can post a comment in response to the Citys posts unless the user is blocked by
the City from posting comments.

10.

A Facebook user can respond to a City post by writing a comment or posting one of six
graphic icons provided by Facebook representing a reaction by the user (e.g., a thumbsup icon indicating that the user likes the post). Both types of responses are viewable by
the general public.

11.

Facebook users can also post comments in response to other user comments unless
blocked from doing so by the City.

12.

The City posts new items at least once a week, and sometimes multiple times a day.

13.

Posts attract comments from Facebook users, either in the form of a graphic icon or text.

14.

Richard Wolf is a resident of Elkhart and the founder of Elkhart Advocacy for the
Handicapped and Disabled, an organization that assists persons with disabilities to assure
their rights within the Elkhart area. The organization, among other things, works to
improve access to public facilities and transportation in the communities in Elkhart
County, advocates that local governments implement changes to policies, assists people
with disabilities when discrimination occurs, and works with governments and businesses
to promote employment opportunities for those with disabilities.

15.

Mr. Wolf administers a Facebook account for the advocacy group and also maintains his
own personal Facebook account.

16.

Mr. Wolf follows and actively posts comments on the City of Elkharts Facebook page
from his personal account.

17.

One issue Mr. Wolf became particularly concerned about was the limited availability of
accessible parking at the historic Lerner Theatre, located in Elkhart. He is also concerned
about the inconsistent access to automated doors to the Theatre. Mr. Wolf believes that
the Lerner Theatre is not ADA compliant, and over the years, has urged the City of
Elkhart to make various changes.

18.

On multiple occasions, when the City would make a post on its Facebook page
concerning the Lerner Theatre, Mr. Wolf would post a comment criticizing the fact that
the Theatre is not ADA compliant.

19.

Each time he would make a comment, however, the City would remove it.

20.

The City did not remove other comments in response to Lerner Theatre postings that
were positive or comments commending the City for its efforts to revive the Lerner
Theatre.

21.

Approximately one year ago, the City permanently blocked Mr. Wolf from posting on its
Facebook page. He knows he has been blocked because the dialogue box that appears
under the Citys postings that allows a Facebook user to enter text no longer appears. Mr.
Wolf is also unable to like a posting or post an icon response. The City did not notify
Mr. Wolf of the reasons for removing his comment or for why he was blocked.

22.

Mr. Wolf wishes to continue to post comments on the Citys Facebook page without
being censored because of his viewpoint.

23.

At all times, the City has acted under color of state law.

24.

Mr. Wolf is being caused irreparable harm for which there is no adequate remedy at law.

Legal Claim
25.

The defendants removal of the plaintiffs comments on the City of Elkharts Facebook
page and blocking of plaintiffs ability to make future comments violates the First
Amendment of the United States Constitution.

Request for Relief

WHEREFORE, the plaintiff requests that this Court
1.

Accept jurisdiction of this case and set it for hearing at the earliest opportunity.

2.

Declare that the actions of the defendant violate the First Amendment for the reasons
noted above.

3.

Enter a preliminary injunction, later to be made permanent, enjoining defendant from

blocking the plaintiff from posting comments on the City of Elkharts Facebook page,
and from removing plaintiffs comments on the basis of their viewpoint.
4.

Award plaintiff his attorneys fees and costs pursuant to 42 U.S.C. 1988.

5.

Award all other proper relief.

/s/ Jan P. Mensz_________

Jan P. Mensz
ACLU of Indiana
1031 E. Washington St.
Indianapolis, IN 46202
317.635.4059, x107
<jmensz@aclu-in.org>
/s/ Kenneth J. Falk______
Kenneth J. Falk
ACLU of Indiana
1031 E. Washington St.
Indianapolis, IN 46202
317.635.4059, x104
<kfalk@aclu-in.org>
Attorneys for plaintiffs