Port Authority employees sue over Black Lives Matter masks

Three Port Authority employees filed a federal lawsuit against the organization Wednesday contending that the uniform prohibition of “Black Lives Matter” masks is a violation of their First Amendment right to free speech.

The complaint, filed by the Amalgamated Transit Union and Local No. 85 members James Hanna, Sasha Craig and Monika Wheeler, alleges that Port Authority is trying to eliminate speech regarding social justice.

Port Authority spokesman Adam Brandolph said Wednesday he couldn’t comment on active litigation.

On July 23, Port Authority unilaterally amended its uniform policy, the complaint said, saying that “Buttons, stickers, jewelry and clothing (including masks or other face coverings) of a political or social protest nature are not permitted to be worn.”

Prior to the policy change, the lawsuit said that employees had been wearing “Black Lives Matter” masks “without any adverse incident, without facing any discipline or threat of discipline, without any interference with their duties and responsibilities, and without any interruption in service being provided.”

The lawsuit, which also includes a 14th Amendment claim under the equal protection clause, alleges that “[t]he uniform standards were specifically revised after union members began to wear masks that said nothing more than ‘Black Lives Matter.’ ”

After the policy change, there were protests against the Port Authority, prompting a statement on Sept. 3 by CEO Katharine Kelleman on Sept. 3.

“First and foremost, this organization believes that Black lives matter. Period,” she wrote. “Despite the public debate over what we allow or don’t allow on a mask or uniform, fundamentally, this organization holds this position, and that will not change.”

The statement continued to say that the uniform policy is not directed at Black Lives Matter or any other specific message, but is meant to ensure safety and consistency for employees and customers.

“If Port Authority allows uniforms to be used as a message board for some political or social protest topics, we must then allow all messages on that topic, including those that could disrupt Port Authority’s ability to deliver public transit service in a safe and efficient manner and cause harm to our employees, customers and communities,” she wrote.

The complaint notes, though, that Port Authority has previously celebrated Pride Month; African American Heritage day; women’s rights; union rights; the American flag; and the Americans with Disabilities Act. It has also showed support for families victimized in the Tree of Life mass shooting in October 2018; and for three Pittsburgh police officers killed in April 2009.

The lawsuit questioned Kelleman’s statement.

“In that announcement the Port Authority opines on the one hand that it endorses Black Lives Matter, but then threatens to discipline employees if they silently express support by wearing a mask stating ‘Black Lives Matter,’ ” the complaint said.

All three employees named as plaintiffs in the lawsuit were disciplined over those masks.

On Aug. 5, Craig and Wheeler, who are first-level supervisors/instructors, reported to work wearing the masks and were told they would be suspended if they did not change.

They both refused and were suspended.

On Aug. 13, Hanna, who is a driver and union steward, was on authority property for a grievance hearing, wearing a Black Lives Matter mask.

He was told to remove it, but Hanna refused. He was sent home. He had a disciplinary hearing on Aug. 26, where he received a verbal warning.