Dear Dawg: The undersigned represents Toot Your Own Horn Music Co. which has been unfairly and unscrupulously denied access to the annual Band Night at Milkweed ISD. We have participated in this event for years. It gives us access to kids and their parents for the sale or lease of our instruments. Now, all of a sudden, the duplicitous, dimwitted bureaucrats at Milkweed ISD have decided that music companies have to bid for the “privilege” of participating in Band Night. This year there will be only one music company allowed to participate. My client submitted a bid, while simultaneously protesting this egregious violation of our Constitutional rights. Lo and behold they went with our competitor, Tubas and Things. We are way better than Tubas and Things, and if we had a chance to participate in Band Night the parents of band kids would have access to better instruments at more reasonable prices than they will get from Tubas and Things. This is viewpoint discrimination in violation of my client’s First Amendment Rights. We are hoping that you will straighten out the nefarious nabobs at Milkweed before costly litigation becomes necessary. POUNDING THE DRUM.
DEAR POUNDING: Your client lost the bid. That’s not discrimination based on viewpoint. That’s discrimination based on the quality of your client’s bid. So the “costly litigation” will mostly be costly to your client unless you come up with some other theory. Take a look at West Michigan Band Instruments, LLC v. Coopersville Area Public Schools, where a similar argument was tossed out of court by the 6th Circuit. That case was decided on January 16, 2019 and we found it at 2019 WL 211392.
DAWG BONE: AS THE COURT POINTED OUT, BAND NIGHT IS NOT INTENDED TO BE A “PURELY CAPITALISTIC FREE FOR ALL.”
Tomorrow: Toolbox Tuesday!!