In Rose v. Arts Bonita, Inc., (MD FL, July 12, 2026), a Florida federal district court dismissed, with leave to amend, a complaint against the city and the organizer of an art festival held in a public park in Bonita Springs, Florida. A painting of Jesus blessing President Trump, displayed at the festival by plaintiff Julia Rose, was removed by the festival organizer and Rose was told to leave. The court said in part:
To start, Rose has not alleged that the City took any direct action to infringe on her First Amendment rights. The City itself was not at the art festival. Rose does not claim that municipal employees asked her to leave, nor does she suggest they had any problem with her art. Instead, her grievance lies against a private organization and its director....
... [E]ven if the art festival's conduct could somehow be pinned on the City, Rose's claim runs into another wall. A municipality cannot be held liable simply because it ... permits an event whose organizers allegedly violate the Constitution. There is no respondeat superior liability for civil rights violations....
The court rejected plaintiff's claim under the Florida Religious Freedom Restoration Act, saying in part:
To be sure, getting removed from an art show because of religious content might look and feel like discrimination. But there is a fundamental difference between an act of discrimination and a government-imposed burden on the exercise of religion. ...
The Court concluded:
... [T]he Court cannot say a more carefully drafted pleading would be entirely devoid of merit. When a pro se plaintiff's complaint falls short, she generally gets another bite at the apple if a better-drafted version might state a claim.... So while the City's motion to dismiss is granted, the door is not slammed shut. Rose may file an amended complaint within fourteen days of this order.
