The opinion of the court was delivered by: JOYCE HENS GREEN
Upon stipulation and agreement of the plaintiff Edwin Thate, Jr., and his attorneys and the defendants and their attorneys, the Court's Consent Decree, Final Judgment and Order in this action shall be upon the following terms and conditions:
WHEREAS, Edwin Thate, Jr., has brought this action against the defendants for declaratory and injunctive relief and for monetary damages as a result of the alleged removal by the defendants and/or their agents of certain religious signs displayed at a National Football League game held at R. F. K. Stadium in Washington, D.C., on January 4, 1992; and
WHEREAS, the parties desire to settle all claims and disputes raised by Thate in this action;
IT IS ORDERED, DECLARED, ADJUDGED AND DECREED that:
1. This Consent Decree, Final Judgment and Order shall be binding upon the parties to this action, their officers, agents, employees, and successors.
2. R. F. K. Stadium is located in the District of Columbia, is owned by the District of Columbia and managed by the defendant D.C. Armory Board ("Armory Board").
3. The policy of the defendant Armory Board has been, and still is, to lease Armory Board facilities for various gatherings such as sporting events, including football games held by the Washington Redskins at R. F. K. Stadium, and in doing so, to permit the display of commercial and other signs, subject to certain restrictions on signs and banners during such events, as published in Volume 37, No. 25, District of Columbia Register, Chapter 29, §§ 2900 et seq.
4. On January 4, 1992, the Washington Redskins hosted a National Football League football game at R. F. K. Stadium and prior to and during the course of said game, there was a variety of signs and banners displayed at the Stadium.
5. On January 4, 1992, Thate attended the game at R.F.K. Stadium and placed a scripture sign with the reference "John 3:3" on the railing at the 20 yard line. The sign remained up through the first half of play, but Thate noticed that the sign was removed during half-time. The defendant Stadium Manager removed the said sign.
6. On January 10, 1992, this Court issued its memorandum opinion and order concerning the display of signs with religious content at R. F. K. Stadium, Stewart v. D.C. Armory Board, Memorandum Opinion, No. 92-0077.
7. At no time on January 4, 1992, was plaintiff Thate's sign obscene, vulgar, indecent, inflammatory, or in bad taste, nor did said sign pose a sight line problem or obstruct the vision of those on or off the playing field or provide free advertisement of commercial products or services.
8. As long as the current sign and banner policies of the defendant Armory Board (Volume 37, No. 25, District of Columbia Register, Chapter 29, §§ 2900 et seq.) are in force and effect, defendants are hereby enjoined from taking any action, to prevent plaintiff Thate, and any other person, from displaying the type of sign and/or any banner referred to above, such as "John 3:16," or other similar religious messages or references, or otherwise obstruct the display of such signs and/or banners, provided the signs do not interfere with or obstruct any person's view of the event at R. F. K. Stadium or otherwise interfere with play, or stadium equipment.
9. The defendants shall use reasonable efforts at all R. F. K. Stadium events to protect persons displaying the type of sign and/or any banner referred to above, such as "John 3:16," or other similar religious messages or references, against removal of such signs or banners or interference with or obstruction of the display thereof by the defendants or their agents, employees, or successors and plaintiff Thate shall be entitled to the same police and public ...