Eric Flannery v. Mark Eckenwiler

Summary

The D.C. Circuit reversed the district court’s dismissal of the §1983 retaliation claim, holding that The Big Board’s refusal to enforce the District’s masking and proof‑of‑vaccination orders was not protected expressive conduct, but that the plaintiffs plausibly alleged that Eric Flannery’s protected speech was a but‑for cause of the Advisory Neighborhood Commission’s protest of the liquor‑license renewal. The court remanded for further proceedings consistent with its opinion.