Community Church of Chesterland, Ohio prevails in motion to dismiss

Client(s) Community Church of Chesterland, Ohio

Jones Day represents the Community Church of Chesterland, Ohio, an open and affirming church that welcomes all people regardless of race, gender, sexual orientation, nationality, or ethnicity. In March 2023, a member of White Lives Matter Ohio threw multiple Molotov cocktails at Community Church to force the cancellation of a Drag Brunch and Storytime that Community Church planned to host the following week. Following this attack, Jones Day filed suit against members of White Lives Matter Ohio asserting, among others, claims for conspiring to interfere with Community Church's civil rights under 42 U.S.C. § 1985(3) and violation of the Freedom of Access to Clinic Entrances & Places of Religious Worship Act. One named-defendant moved to dismiss Community Church's claims under Rule 12(b)(6), arguing that the complaint did not sufficiently plead a conspiracy or a racial motivation behind the attack, and that the First Amendment protected the defendant's conduct. After complete briefing, the court denied the defendant's motion to dismiss in its entirety, finding no merit to any of the asserted arguments for dismissal.

Community Church of Chesterland, Ohio v. Penny, et al., No. 1:24-cv-00642 (N.D. Ohio)