The Clinic represented a local activist in Burlington, Vermont with respect to two related free speech issues. The activist, William Oetjen, engaged in a stickering campaign in Burlington aiming to express his views about transgender rights and women in sports. Oetjen was targeted based on the content and viewpoint of his message and fined under the City Code of Ordinances. In March 2024, the Clinic sent a demand letter to the City, pointing out the unconstitutionality of selective enforcement and seeking Oetjen’s release from the fines. His fines were later waived.
In the fall of 2024, Burlington was preparing to get at disfavored speech another way. The City Council was presented with an amendment to the City Code of Ordinances that would have, among other things, allowed any member of the public to bring a lawsuit against another person for violation of the City Code, including for protected speech. The Clinic sent a letter on Oetjen’s behalf voicing good governance and constitutional concerns. In receipt of the Clinic’s letter, the City Council opted not to adopt the amendment.