PITTSBURGH — A federal judge ruled Tuesday that the Port Authority of Allegheny County cannot ban employees from wearing Black Lives Matters masks, after a lawsuit was filed by the union.
U.S. District Judge J. Nicholas Ranjan ruled that the policy which banned political speech violated employees’ rights to free speech and equal protection
The Port Authority argued that the policy was necessary to prevent disruption among employees or with customers.
A spokesman for the authority declined to comment on the ruling.
The decision also enjoins Port Authority officials from enforcing its ban on Black Lives Matter masks and shall rescind any displine actions issued to any employees for wearing one of the masks.
Following the death of George Floyd in Minneapolis at the hands of the police and ensuing nationwide protests, many of the Port Authority’s 1,700 drivers and other employees began to wear Black Lives Matters masks, according to our partners at the Trib.
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In July, after one employee complained and asked what would happen if he wore a “White Lives Matter” mask, Port Authority implemented a new policy. It stated “Buttons, stickers, jewelry and clothing (including masks or other face coverings) of a political or social protest nature are not permitted to be worn.”
Several weeks later, following additional protests of the agency, Port Authority implemented an even more restrictive policy — allowing employees to wear one of only four approved types of masks: one with the Port Authority logo; the union logo; solid blue or black; or a surgical N-95 mask.
On Sept. 30, Amalgamated Transit Union Local 85, along with several employees, filed a federal lawsuit against Port Authority, arguing that the ban on Black Lives Matter masks was a violation of their free speech and equal protection rights.
The lawsuit sought a preliminary injunction prohibiting the authority from enforcing the mask ban.
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