Wednesday, January 16, 2019
The Sixth Circuit ruled today that a school district's exclusion of a non-preferred vendor from "Band Night" did not violate the First Amendment. In so ruling, the court rejected the vendor's sweeping free-speech claim that could have turned many contract disputes into First Amendment violations.
The case involved the Coopersville Area Public Schools' decision to limit participation at the District's "Band Night" to a single musical-instrument vendor. (The District previously opened Band Night to any vendors.) After conducting a competitive process, the District selected Meyer Music, and rejected a competitor, West Michigan Band Instruments, which had previously participated in Band Night. WMBI sued, arguing that its exclusion violated the First Amendment, because the exclusion meant that it couldn't promote its viewpoint (that it was the best musical-instrument vendor for band students and parents) at Band Night.
The court ruled that Band Night was either a limited public forum or nonpublic forum, and that the exclusion did not amount to viewpoint discrimination. The court said that WMBI failed to allege viewpoint discrimination, but, even if it did, "WMBI is a vendor who was excluded from a school forum, not because of its viewpoint, but because of its status as a non-preferred vendor who lost to Myer Music in the bidding process."
The court recognized that school districts put out bids for any number of different projects, and that a ruling in favor of WMBI could have transformed contract awards into First Amendment claims for the losing bidders.