Case 1:24-cv-01303-UNA Document 1 Filed 12/02/24 Page 1 of 9 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE
___________________________________
)
HANEEF SALAAM )
) CIVIL ACTION
Plaintiff, )
) No. __________
v. )
)
CITY OF WILMINGTON, )
)
CITYFEST, INC., )
)
TINA BETZ, IN HER INDIVIDUAL )
CAPACITY AND HER OFFICIAL )
CAPACITY AS DIRECTOR, )
WILMINGTON OFFICE OF CULTURAL )
AFFAIRS, )
)
LATTISHA WILLIAMS, IN HER )
INDIVIDUAL CAPACITY AND HER )
OFFICIAL CAPACITY AS PROGRAMS )
ASSISTANT, WILMINGTON OFFICE )
OF CULTURAL AFFAIRS, and )
)
WILFREDO CAMPOS, IN HIS )
CAPACITY AS CHIEF OF POLICE, )
WILMINGTON POLICE DEPARTMENT )
)
Defendants. )
___________________________________ )
 Case 1:24-cv-01303-UNA Document 1 Filed 12/02/24 Page 2 of 9 PageID #: 2

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

PRELIMINARY STATEMENT

1. Plaintiff Haneef Salaam challenges Defendants’ restrictions on his First

Amendment protected speech and public appearances. Mr. Salaam seeks

declaratory and injunctive relief under 42 U.S.C. § 1983.

2. In 2023 Mr. Salaam submitted a proposal to the City of Wilmington

(“Wilmington” or the “City”) to organize and sponsor a public event – “Positive

Vibes in the Park” – as part of the City’s 2024 “CityFest” programing. The events

were scheduled at the Urban Artist Exchange Amphitheater (“UAE”), a property

owned and managed by the City, and were to feature local musicians, artists, and

food vendors from March through September 2024. The March through July

events proceeded as planned in the open-air art space with music, food, and

storytelling.1

3. The August event was planned to feature musical performances and

storytelling that included critiques of police violence. In addition to performances

1
See video highlights from the first four “Positive Vibes in the Park” events:
https://www.youtube.com/watch?v=R_-
aqoczBNY&list=PLstp37KGZH9J2Eifnc1G6VJyVdohaDCt7&index=5;
https://www.youtube.com/watch?v=sjSQbV2eVy8&list=PLstp37KGZH9J2Eifnc1G6VJyVdoha
DCt7&index=3;
https://www.youtube.com/watch?v=oWjl72p1zJA&list=PLstp37KGZH9J2Eifnc1G6VJyVdoha
DCt7&index=2;
https://www.youtube.com/watch?v=Hre7xWheKuc&list=PLstp37KGZH9J2Eifnc1G6VJyVdoha
DCt7&index=1.

2
 Case 1:24-cv-01303-UNA Document 1 Filed 12/02/24 Page 3 of 9 PageID #: 3

from Mr. Salaam and other local musicians, Mr. Salaam scheduled speeches from

women whose family members were killed by the police. The phrase “Justice for

All” was part of the promotional efforts on social media.

4. Two days before the August event, Defendants, for the first time, imposed

content-based restrictions on Mr. Salaam which required him to adhere to the

following conditions: no speeches about police violence, no use of the slogan

“Justice for All” in promoting the event, no chanting, and no signs.

5. Faced with unconstitutional content-based restrictions, Mr. Salaam relocated

the event scheduled at the UAE to a public library in another municipality. The

Defendants’ suppression of Mr. Salaam’s First Amendment rights harmed him by

conditioning his public speech and association in Wilmington, the community in

which Mr. Salaam lives, performs, and wants to convey his message.

PARTIES

6. Plaintiff Haneef Salaam resides in Wilmington, Delaware.

7. Defendant Wilmington is a municipality in the state of Delaware that owns,

manages, controls, and directs the UAE.

8. Defendant CityFest, Inc. (“CityFest”) is a 501(c)(3) tax-exempt corporation

staffed by the Mayor’s Office of Cultural Affairs. CityFest was the host of the

Positive Vibes in the Park events. CityFest acted under color of state law as it is

staffed and operated by the Mayor’s Office of Cultural Affairs.

3
 Case 1:24-cv-01303-UNA Document 1 Filed 12/02/24 Page 4 of 9 PageID #: 4

9. Defendant Lattisha Williams is the Wilmington Office of Cultural Affairs

Programs Assistant who manages the operations of the UAE and CityFest. She is

sued in her official and individual capacities.

10.Defendant Tina Betz is the Director of Wilmington’s Office of Cultural

Affairs, the City office that manages the UAE and CityFest. She is sued in her

official and individual capacities.

11.Defendant Wilfredo Campos is the Chief of Police of the Wilmington Police

Department, the agency that pressured the City to cancel the event. He is sued in

his official capacity.

12.At all relevant times, all Defendants acted under the color of state law.

JURISDICTION AND VENUE

13.This Court has jurisdiction over the subject matter of this Complaint under

42 U.S.C. § 1983 and 28 U.S.C. §§ 1331, 1343(a)(3), and 1343(a)(4) because this

case involves a federal question pertaining to the United States Constitution.

14.This Court is the proper venue pursuant to 28 U.S.C. § 1391(b) because all

the defendants reside in this District and the events giving rise to the claims

occurred in this District.

STATEMENT OF FACTS

15.Mr. Salaam is a storyteller, musician, and entrepreneur. He has engaged in

community organizing and hosted public events with several Wilmington

4
 Case 1:24-cv-01303-UNA Document 1 Filed 12/02/24 Page 5 of 9 PageID #: 5

organizations. These public events, including Positive Vibes in the Park, showcase

his art and provide platforms for other Wilmington artists.

16.The UAE is a public forum. It is an outdoor public space owned and

managed by the City. CityFest’s website describes the “UAE Amphitheater” as

“open and accessible to all[.]”2 To construct the UAE, the City “[c]onvert[ed]

abandoned police horse stables into artists’ studios, [a] group exhibition area, and

[a] gathering space for community arts education and programming.”3

17.In January 2024, the Defendants approved all the Positive Vibes in the Park

events for presentation at the UAE City-managed property to take place monthly

from March through September 2024, with confirmation by email from Defendant

Williams to Mr. Salaam.

18.Mr. Salaam hosted Positive Vibes in the Park events each month from March

through July 2024, and he was scheduled to host the last two events on August

23rd and September 27th.4 The city did not impose any content-based restrictions

on the March-July events or on Mr. Salaam’s participation or presentations.

19.For the August 23rd event, like prior events, Mr. Salaam planned to

showcase local musicians, artists, and food vendors, and also include speeches

from women whose family members were killed by the police.

2
https://cityfestwilm.com/uae-amphitheater.
3
https://cityfestwilm.com/uae-amphitheater.
4
https://www.wilmingtonde.gov/Home/Components/News/News/6831/225.

5
 Case 1:24-cv-01303-UNA Document 1 Filed 12/02/24 Page 6 of 9 PageID #: 6

20.Mr. Salaam and other participants used the phrase “Justice for All” in

promoting the event on social media.

21.On August 19, 2024, just four days before the event was scheduled to take

place, Wilmington Police Department (“WPD”) Detective Danielle Farrell of the

Department’s Real Time Crime Center sent an email to various WPD officers

about the event.5 Detective Farrell’s email stated that the event was a “rally” that

was being hosted by somebody associated with the ACLU.6 She noted that “pro-

Palestine groups” were circulating the event on social media. She then stated that

the event would be monitored.

22.WPD Lieutenant Arthur J. Gillem then forwarded the email to the Office of

the Mayor, Cultural Affairs to ask if anybody was aware of the event.

23.After some internal confusion in the Office, Defendant Williams responded

via email on August 21, 2024, just two days before the event. She stated that the

event was supposed to be the monthly Positive Vibes in the Park event. She stated

that she felt “uneasy” about the event, and so she “called Haneef with her

5
https://spotlightdelaware.org/2024/11/13/emails-wilmington-pd-
rally/?utm_source=ActiveCampaign&utm_medium=email&utm_content=%F0%9F%91%AE%2
0Emails%3A%20Wilmington%20PD%20pressed%20to%20end%20rally%3B%20Resident%20r
aises%20mold%20concern%20at%20Hope%20Center&utm_campaign=11%2013%2024%20Ne
wsletter
6
Mr. Salaam is a former employee of the ACLU-DE. However, Mr. Salaam is not presently an
employee of the ACLU-DE, nor was he at the time of the events in question.

6
 Case 1:24-cv-01303-UNA Document 1 Filed 12/02/24 Page 7 of 9 PageID #: 7

concerns.” She stated that Mr. Salaam had assured her that the event was just going

to be music and vendors, not a rally.

24.Despite Mr. Salaam’s assurances that the event was not a rally, Defendant

Williams stated that she was going to “shut it down anyway.” In any event, the

label is irrelevant, and rallies are also entitled to First Amendment protection.

25.Defendants Wilmington and the WPD acquiesced in and encouraged the

shutdown.

26.Ms. Williams then contacted Mr. Salaam stating that she had “lost some

autonomy on this one.” She stated that the event could only continue if Mr. Salaam

agreed to some conditions, which intended to suppress the “Justice for All”

messaging and related speech directed at policing in Wilmington. Specifically,

Defendants imposed the following conditions: no discussion of police violence, no

use of the slogan “Justice for All” in promoting the event, and no speeches,

chanting, or signs.

27.Mr. Salaam did not agree to these conditions and the conditions constituted

content-based restrictions in violation of Mr. Salaam’s First Amendment rights.

28.By prohibiting Mr. Salaam from engaging in protected speech and

association at a public forum in Wilmington, Defendants injured Mr. Salaam, who

was thereby denied First Amendment rights to speech and association in the

Positive Vibes in the Park public program.

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 Case 1:24-cv-01303-UNA Document 1 Filed 12/02/24 Page 8 of 9 PageID #: 8

29.After WPD was informed that the event would no longer be hosted in the

City, various officers continued to monitor social media about the event and sought

to ensure that the event did not take place.

30.WPD’s continued monitoring of the event was for the purposes of

preemptively chilling speech, in violation of the First Amendment.

CLAIMS FOR RELIEF

Count I - Violations of the First Amendment and 42 U.S.C. § 1983

31.Plaintiff incorporates by reference the allegations of Paragraphs 1-30 of this

Complaint.

32.The actions of Defendants relating to the Positive Vibes in the Park event

violated Mr. Salaam’s rights under the First and Fourteenth Amendments to the

United States Constitution to freedom of speech and association in public fora. The

violations of Mr. Salaam’s rights under the First and Fourteenth Amendments to

the United States Constitution were directly and proximately caused by the actions

and/or inactions of the defendants.

RELIEF REQUESTED

WHEREFORE, Plaintiff requests that this Court:

(1) Issue a permanent injunction barring Defendants from enforcing

content-based conditions on Plaintiff’s use of the UAE or other

Wilmington public fora;

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 Case 1:24-cv-01303-UNA Document 1 Filed 12/02/24 Page 9 of 9 PageID #: 9

(2) Declare the City’s content-based restrictions unconstitutional as

applied to Mr. Salaam’s right to free speech;

(3) Award Plaintiff attorney’s fees and costs; and

(4) Grant any additional relief to which Plaintiff may be entitled.

Date: December 2, 2024 Respectfully submitted,

/s/ Dwayne J. Bensing /s/ David Rudovsky

Dwayne J. Bensing, Esq. (#6754) David Rudovsky, Esq.*
ACLU-DELAWARE *pro hac vice forthcoming
100 W. 10th Street, Suite #706 KAIRYS RUDOVSKY MESSING
Wilmington, DE 19801 FEINBERG & LIN, LLP
dbensing@aclu-de.org The Cast Iron Building
(302) 295-2113 718 Arch Street, Suite 501 South
Philadelphia, PA 19106
drudovsky@krlawphila.com
(215) 925-4400

Attorneys for Plaintiff

9
 Case 1:24-cv-01303-UNA Document 1-1 Filed 12/02/24 Page 1 of 1 PageID #: 10
JS 44 (Rev. 09/19) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

Haneef Salaam City of Wilmington; CityFest, Inc.; Tina Betz; Lattisha Williams;
Wilfredo Campos
(b) County of Residence of First Listed Plaintiff New Castle County County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Dwayne Bensing ACLU-DE 100 W. 10th St. #706 Wilmington DE 19801
302-295-2113; David Rudovsky Kairys Rudovsky Messing Feinberg &
Lin LLP 718 Arch St. #501 Philadelphia PA 19106 215-925-4400
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) (15 USC 1681 or 1692)
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 485 Telephone Consumer
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Protection Act
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 490 Cable/Sat TV
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 850 Securities/Commodities/
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical Exchange
Medical Malpractice Leave Act ’ 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 891 Agricultural Acts
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 895 Freedom of Information
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 896 Arbitration
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 899 Administrative Procedure
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Act/Review or Appeal of
Employment Other: ’ 462 Naturalization Application Agency Decision
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration ’ 950 Constitutionality of
Other ’ 550 Civil Rights Actions State Statutes
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 U.S.C. § 1983 and the First Amendment of the U.S. Constitution
VI. CAUSE OF ACTION Brief description of cause:
Violation of Freedom of Speech and Assembly
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
December 2, 2024 s/ Dwayne J. Bensing; /s/ David Rudovsky
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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