In Speed Way Transportation, LLC v. City of Gahanna, Ohio, (6th Cir., March 1, 2023), the U.S. 6th Circuit Court of Appeals held 2-1 that a towing company adequately alleged an equal protection claim. Plaintiffs claimed religious and national origin discrimination in the city's rejection of their bid for a three-year towing contract. The court said in part:
Plaintiffs allege that no other business—let alone any other towing business—in the City of Gahanna, including the comparator firms Broad & James and Cal’s Towing, is owned, and operated by individuals of Egyptian national origin and Muslim faith.
Plaintiffs also sufficiently allege that they were treated differently than the two comparator firms.
Judge Suhrheinrich filed a dissenting opinion.
All 3 judges on the panel agreed that plaintiffs' other 1st and 14th Amendment claims were properly dismissed by the district court. The majority opinion said in part:
Plaintiffs have failed to allege that they engaged in “conduct”—a specific exercise of their religion—that the Free Exercise Clause protects. Lacking an allegation of “protected conduct,” the Plaintiffs cannot state a First Amendment retaliation claim based on the exercise of rights protected by the Free Exercise clause... The district court did not err in dismissing this count.
