Fins-IPG-19 Vigdor Schreibman, Plaintiff v. David W. Holmes, et al, Defendants, Complaint for Declaratory and Injunctive Relief, Case No 1:96CV01287 (D. D.C. June 1996) (Urbina, DJ). UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA VIGDOR SCHREIBMAN ) CASE NUMBER 1:96CV01287 18 9th Street, N.E., #206 ) JUDGE: Ricardo M. Urbina Washington, DC 20002 ) DECK TYPE: Civil General ) DATE STAMP: 06/10/96 Plaintiff, ) ) v. ) ) DAVID W. HOLMES, SECRETARY ) FOR THE EXECUTIVE COMMITTEE ) OF CORRESPONDENTS ) H304 Capitol ) Washington, DC 20515 ) ) and ) ) EXECUTIVE COMMITTEE OF ) CORRESPONDENTS ) H304 Capitol ) Washington, DC 20515 ) ) and ) ) CHAIRMAN RICHARD DUNHAM, ) RICHARD COHEN, SEAN FORD, ) RICK MAZE, ALEXIS ) SIMENDINGER, KAREN TUMULTY, ) AND CRAIG WINNEKER ) H304 Capitol ) Washington, DC 20515 ) ) ) ) Defendants. ) ______________________________) COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 1. This is an action under the First and Fifth Amendments of the Constitution for declaratory, injunctive, and other appropriate relief and seeking that the defendant Executive Committee of Correspondents adhere to the rules governing admission to the Periodical Press Galleries and issue plaintiff credentials that were improperly denied. Jurisdiction and Venue 2. This court has jurisdiction over this action pursuant to 28 U.S.C. secs 1331, 2201, and 2202. Venue is proper under 28 U.S.C. sec 1391(e). The Parties 3. Plaintiff Vigdor Schreibman is a full-time journalist and the publisher of the Federal Information News Syndicate. Plaintiff's publication, the Federal Information News Syndicate (FINS), commenced publication on January 11, 1993 and has been published on a biweekly basis without interruption since that date. Plaintiff's publication routinely covers Congressional activities. 4. Defendant Executive Committee of Correspondents controls the Periodical Press Galleries subject to the supervision of the Speaker of the House of Representatives and the Senate Committee on Rules and Administration under the authority of rule 34 of the House of Representatives and of rule 33 of the Senate. 5. Defendants Richard Dunham, Richard Cohen, Sean Ford, Rick Maze, Alexis Simendinger, Karen Tumulty and Craig Winneker are the members of the Executive Committee of Correspondents. 6. Defendant David W. Holmes is the secretary for the Executive Committee of Correspondents. Plaintiff's Application and Defendants' Improper Denial 7. In August, 1995, plaintiff submitted a completed application for membership in the Periodical Press Galleries in accordance with the Rules for the Periodical Press Galleries of the U.S. Senate and House of Representatives. 8. On January 29, 1996, the Executive Committee of Correspondents convened to consider, among other matters, the application of plaintiff. According to the published minutes of the meeting, Alexis Simendinger moved to reject Federal Information News Syndicate for "failure to meet rules 1 and 2." Rick Maze seconded the motion and it was adopted 5-1. 9. Rule 1, in relevant part, states that "persons eligible for the Periodical Press Galleries must be bona fide resident correspondents of reputable standing, giving their chief attention to the gathering and reporting of news. They shall state in writing the names of their employers and their additional sources of earned income, and they shall declare that, while a member of the Galleries, they will not act as an agent in the prosecution of claims, and will not become engaged or assist, directly or indirectly, in any lobbying, promotion, advertising, or publicity activity intended to influence legislation or any other action of the Congress, nor any matter before any independent agency, or any department or other instrumentality of the Executive branch." 10. Rule 2, in relevant part, states that "applicants must be employed by periodicals that regularly publish a substantial volume of news material of either general, economic, industrial, cultural or trade character. The periodical must require such Washington coverage on a continuing basis and must be owned and operated independently of any government, industry, institution, association or lobbying organization. Applicants must also be employed by a periodical that is published for profit and is supported chiefly by advertising or by subscription." 11. Plaintiff satisfies the first eligibility rule for the Periodical Press Galleries. Plaintiff is a resident of Washington, D.C and a full-time journalist. Plaintiff was granted press gallery credentials in 1993 and they were promptly renewed in 1994 and 1995. Plaintiff began publishing FINS on January 11, 1993 and has continuously published it on a biweekly basis since that date. Plaintiff has spent hundreds of hours attending congressional hearings, gathering documents from federal agencies, and reviewing testimony and legislation to report the news. Plaintiff does not engage or assist, directly or indirectly, in any lobbying, promotion, advertising, or publicity activity intended to influence legislation or any other action of the Congress, or any matter before any independent agency, or any department or other instrumentality of the Executive branch. 12. Plaintiff satisfies the second eligibility rule for the Periodical Press Galleries. Plaintiff publishes, and is employed by, FINS. FINS is published biweekly and covers telecommunications legislation, federal policies concerning access to government information, funding for federal library programs and federal economic priorities. FINS' areas of reporting require, and will continue to require, Washington coverage. During the past two years, FINS has published several hundred items across a wide variety of subjects. Plaintiff is the owner of FINS and plaintiff operates it independently of any lobbying or other organization. FINS is published for profit and solicits paid subscriptions in each issue. FINS is distributed electronically over the Internet at very low cost and is chiefly supported by subscription revenue. 13. On February 4, 1996, plaintiff wrote to David W. Holmes, secretary for the Executive Committee of Correspondents, and indicated plaintiff's intention to appeal the decision. Plaintiff requested a hearing before the Executive Committee at the earliest possible time, citing the expiration of his current press credentials and the personal hardship that would result. 14. On or about March 20, 1996, Mr. Holmes contacted plaintiff and indicated that the Executive Committee of Correspondents would convene on March 28, 1996 to discuss, among other matters, the possible reconsideration of plaintiff's application. 15. On March 28, 1996, Plaintiff appeared before the Executive Committee of Correspondents with counsel Marc Rotenberg, esq., to request that plaintiff, based on his conformance with rules 1 and 2, be granted credentials. After an extensive discussion of the relevant facts the Executive Committee of Correspondents took no action. No official explanation for the refusal was reported. 16. On April 23, plaintiff appealed the Executive Committee of Correspondents' decision to the Office of the Speaker of the House of Representatives and to the Senate Committee on Rules and Administration. 17. On May 20, plaintiff's counsel spoke with Bruce Castle, counsel for the Senate Committee on Rules and Administration. Mr. Castle said the appeal was "under review" and that plaintiff could expect a decision within 30 to 60 days. Mr. Castle also indicated that there had been no contact between his office and the Speaker's office. 18. Defendants' refusal to issue credentials to plaintiff is contrary to the rules governing the House and Senate press galleries and is a violation of plaintiff's First Amendment rights. Defendants' actions and continual procedural delays have caused plaintiff irreparable injury. 19. In addition, defendants refusal to issue credentials to plaintiff is estopped by defendants' previous decision to grant plaintiff credentials from 1993 through 1995 coupled with defendants' failure to articulate any basis for denying the 1996 application. Requested Relief WHEREFORE, plaintiff prays that this Court: A. declare that defendants' denial of plaintiff's application for Periodical Press Galleries credentials violated plaintiff's First Amendment rights; B. order defendants to issue plaintiff Periodical Press Galleries credentials; C. provide for expeditious proceedings in this action; D. award plaintiff his costs and reasonable attorney's fees in this action; and E. grant such other relief as the court may deem just and proper. Respectfully submitted, (s) ______________________________ MARC ROTENBERG D.C. Bar No. 422825 666 Pennsylvania Ave., S.E. Suite 301 Washington, D.C. 20003 (202) 544-9240 Counsel for Plaintiff