Court filing
Declaration of Matthew T. Martens — CHBC v. Bowser (D.D.C.)
Filed September 22, 2020 in Capitol Hill Baptist Church v. Bowser; one of 10 filings from this case.
Record facts
| Court | U.S. District Court for the District of Columbia |
|---|---|
| Filed | 2020-09-22 |
U.S. District Court for the District of Columbia · No. 1:20-cv-02710 · Doc. 4 · 2020-09-22 · Docket on CourtListener
Full text
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CAPITOL HILL BAPTIST CHURCH,
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Plaintiff,
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Civil Action No. 1:20-cv-2710
v.
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MURIEL BOWSER, in her official
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capacity as Mayor of the District of
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Columbia, and the DISTRICT OF
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COLUMBIA,
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Defendants
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DECLARATION OF MATTHEW T. MARTENS
I, Matthew T. Martens, declare and state as follows:
1.
I am an attorney licensed to practice law in the District of Columbia. I am a
partner at Wilmer Cutler Pickering Hale and Dorr LLP, and counsel for Capitol Hill Baptist
Church in the above-captioned case. I make this Declaration to the best of my knowledge,
information, or belief.
2.
Attached as Exhibit 1 is a true and correct copy of the Commonwealth of
Virginia’s publication, “Safer at Home: Phase Three Guidelines for all Business Sectors,”
available to the public on the Commonwealth of Virginia’s website, found at
https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-
virginia/pdf/Forward-Virginia-Phase-Three-Guidelines---8-21-2020.pdf.
3.
Attached as Exhibit 2 is a true and correct copy of the Order of the Governor of
the State of Maryland, Number 20-09-18-01: “Amending and Restating the Order of
September 1, 2020, Allowing Reopening of Certain Businesses and Facilities, Subject to Local
Case 1:20-cv-02710 Document 4 Filed 09/22/20 Page 1 of 11
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Regulation, and Generally Requiring Use of Face Coverings,” available to the public on the
State of Maryland’s website, found at https://governor.maryland.gov/wp-
content/uploads/2020/09/Gatherings-13th-AMENDED-9.18.20.pdf.
4.
Attached as Exhibit 3 is a true and correct copy of the transcript of Mayor
Muriel Bowser’s June 10, 2020 interview with Joy Reid on the MSNBC television show “AM
Joy,” as published on MSNBC’s website, found at http://www.msnbc.com/transcripts/msnbc-
live/2020-06-10.
5.
Attached as Exhibit 4 is a true and correct copy of a March 13, 2020 tweet by
Pastor Mark Dever, available to the public on Twitter, found at
https://twitter.com/MarkDever/status/1238527208702050306.
6.
Attached as Exhibit 5 is a true and correct copy of Mayor’s Order 2020-045:
“Declaration of Public Health Emergency – Coronavirus (COVID-19),” available to the public
on the District of Columbia’s website, found at
https://mayor.dc.gov/sites/default/files/dc/sites/mayormb/release_content/attachments/MO.Dec
larationofPublicEmergency03.11.20.pdf.
7.
Attached as Exhibit 6 is a true and correct copy of Mayor’s Order 2020-046:
“Declaration of Public Health Emergency – Coronavirus (COVID-19),” available to the public
on the District of Columbia’s website, found at
https://mayor.dc.gov/sites/default/files/dc/sites/mayormb/release_content/attachments/MO.Dec
larationofPublicHealthEmergency03.11.20.pdf.
8.
Attached as Exhibit 7 is a true and correct copy of Mayor’s Order 2020-053:
“Closure of Non-Essential Businesses and Prohibition on Large Gatherings During Public
Case 1:20-cv-02710 Document 4 Filed 09/22/20 Page 2 of 11
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Health Emergency for the 2019 Novel Coronavirus (COVID-19),” available to the public on
the District of Columbia’s website, found at https://tinyurl.com/vkuzpx2.
9.
Attached as Exhibit 8 is a true and correct copy of the “Additional Information”
section of the District of Columbia’s COVID-19 site titled “Mayor Bowser Orders Closure of
Non-Essential Businesses,” available to the public on the District of Columbia’s website,
found at https://coronavirus.dc.gov/release/mayor-bowser-orders-closure-non-essential-
businesses.
10.
Attached as Exhibit 9 is a true and correct copy of Mayor’s Order 2020-054:
“Stay at Home Order,” available to the public on the District of Columbia’s website, found at
https://coronavirus.dc.gov/sites/default/files/dc/sites/coronavirus/page_content/attachments/Ma
yor%27s%20Order%202020-054%20Stay%20at%20Home.pdf.
11.
Attached as Exhibit 10 is a true and correct copy of the “Frequently Asked
Questions on Stay at Home Order” section from the District of Columbia’s COVID-19 site
titled “Stay Home DC,” available to the public on the District of Columbia’s website, found at
https://coronavirus.dc.gov/stayhome.
12.
Attached as Exhibit 11 is a true and correct copy of Mayor’s Order 2020-067:
“Phase One of Washington, DC Reopening,” available to the public on the District of
Columbia’s website, found at
https://coronavirus.dc.gov/sites/default/files/dc/sites/coronavirus/page_content/attachments/M
O2020-067.pdf.
13.
Attached as Exhibit 12 is a true and correct copy of the September 11, 2020
Centers for Disease Control and Prevention publication, “Community and Close Contact
Exposures Associated with COVID-19 Among Symptomatic Adults ≥18 Years in 11
Case 1:20-cv-02710 Document 4 Filed 09/22/20 Page 3 of 11
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Outpatient Health Care Facilities,” available to the public on the CDC’s website, found at
https://www.cdc.gov/mmwr/volumes/69/wr/mm6936a5.htm?s_cid=mm6936a5_w.
14.
Attached as Exhibit 13 is a true and correct copy of the September 10, 2020
NBC News article by Erika Edwards, “As states lift restaurant restrictions, CDC report links
dining out to increased COVID-19 risk,” available to the public on NBC News’ website, found
at https://www.nbcnews.com/health/health-news/states-lift-restaurant-restrictions-cdc-report-
links-dining-out-increased-n1239771.
15.
Attached as Exhibit 14 is a true and correct copy of the District of Columbia’s
publication, “Reimagining Outdoor Space: Restaurants and Retail,” available to the public on
the District of Columbia’s website, found at
https://coronavirus.dc.gov/sites/default/files/dc/sites/coronavirus/page_content/attachments/Re
imagining-Outdoor-Space-Restaurants-and-Retail-Fact-Sheet.pdf.
16.
Attached as Exhibit 15 is a true and correct copy of the District of Columbia’s
COVID-19 site titled, “Phase Two,” available to the public on the District of Columbia’s
website, found at https://coronavirus.dc.gov/phasetwo.
17.
Attached as Exhibit 16 is a true and correct copy of Mayor’s Order 2020-075:
“Phase Two of Washington, DC Reopening,” available to the public on the District of
Columbia’s website, found at
https://www.dcregs.dc.gov/Common/DCR/Issues/IssueCategoryList.aspx?DownloadFile={56
C8753B-53FE-4D16-97D5-4F8B04223485}.
18.
Attached as Exhibit 17 is a true and correct copy of the District of Columbia’s
publication “Phase Two Guidance Coronavirus 2019 (COVID-19): Guidance for Mass
Gatherings,” available to the public on the District of Columbia’s website, found at
Case 1:20-cv-02710 Document 4 Filed 09/22/20 Page 4 of 11
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https://coronavirus.dc.gov/sites/default/files/dc/sites/coronavirus/publication/attachments/COV
ID-19_DC_Health_Guidance_for_Mass_Gatherings_2020.07.29.FINAL_.pdf.
19.
Attached as Exhibit 18 is a true and correct copy of the District of Columbia’s
publication “Phase Two Guidance Coronavirus 2019 (COVID-19): Guidance for
Restaurants,” available to the public on the District of Columbia’s website, found at
https://coronavirus.dc.gov/sites/default/files/dc/sites/coronavirus/page_content/attachments/C
OVID-19_DC_Health_Guidance_for_Restaurants_08202020.pdf.
20.
Attached as Exhibit 19 is a true and correct copy of the District of Columbia’s
publication “Phase Two Guidance Coronavirus 2019 (COVID-19): Guidance for Gyms and
Workout Studios,” available to the public on the District of Columbia’s website, found at
https://coronavirus.dc.gov/sites/default/files/dc/sites/coronavirus/page_content/attachments/C
OVID-19_DC_Health_Guidance_for_Gyms_and_Workout_Studios_2020-07-25.pdf.
21.
Attached as Exhibit 20 is a true and correct copy of the District of Columbia’s
publication “Phase Two Guidance Coronavirus 2019 (COVID-19): Guidance for Childcare
Facilities,” available to the public on the District of Columbia’s website, found at
https://coronavirus.dc.gov/sites/default/files/dc/sites/coronavirus/page_content/attachments/C
OVID-19_DC_Health_Guidance_for-Childcare_2020-08-05.pdf.
22.
Attached as Exhibit 21 is a true and correct copy of the District of Columbia’s
publication “Phase Two Guidance Coronavirus 2019 (COVID-19): Guidance for Summer
Camps,” available to the public on the District of Columbia’s website, found at
https://coronavirus.dc.gov/sites/default/files/u63232/0724_UPDATED_DC_Health_Summer%
20Camp.pdf.
Case 1:20-cv-02710 Document 4 Filed 09/22/20 Page 5 of 11
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23.
Attached as Exhibit 22 is a true and correct copy of the District of Columbia’s
publication “Phase Two Guidance Coronavirus 2019 (COVID-19): Guidance for Places of
Worship,” available to the public on the District of Columbia’s website, found at
https://coronavirus.dc.gov/sites/default/files/dc/sites/coronavirus/page_content/attachments/C
OVID-19_DC_Health_%20Guidance_for_Places_of_Worship_08202020.pdf.
24.
Attached as Exhibit 23 is a true and correct copy of the transcript of Mayor
Bowser’s June 22, 2020 press conference as published on Rev’s website, found at
https://www.rev.com/blog/transcripts/washington-dc-mayor-muriel-bowser-press-conference-
transcript-june-22.
25.
Attached as Exhibit 24 is a true and correct copy of Mayor’s Order 2020-079:
“Extensions of Public Emergency and Public Health Emergency and Delegations of Authority
Authorized During COVID-19,” available to the public on the District of Columbia’s website,
found at
https://mayor.dc.gov/sites/default/files/dc/sites/mayormb/release_content/attachments/Mayor%
27s%20Order%202020-079%20Extension%20of%20the%20Public%20Emergency%20.pdf.
26.
Attached as Exhibit 25 is a true and correct copy of the July 30, 2020
WASHINGTON BUSINESS JOURNAL article by Drew Hansen, “Bowser changes benchmark for
D.C.’s next phase of reopening,” available to the public on the Washington Business Journal’s
website, found at https://www.bizjournals.com/washington/news/2020/07/30/new-benchmark-
for-phase-3-of-dc-reopening.html.
27.
Attached as Exhibit 26 is a true and correct copy of the September 4, 2020
WTOP News article by Jack Moore, “Bowser on COVID-19 restrictions in DC: No return to
Case 1:20-cv-02710 Document 4 Filed 09/22/20 Page 6 of 11
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normal until kids are back in school,” available to the public on WTOP’s website, found at
https://wtop.com/coronavirus/2020/09/dc-coronavirus-update-september-4/.
28.
Attached as Exhibit 27 is a true and correct copy of the May 21, 2020 ReOpen
DC Advisory Committee publication, “Faith, Arts, Culture, Hotels, Entertainment and Sports
Committee Additional Recommendations for the ReOpen DC Advisory Group,” available to
the public on District of Columbia’s website, found at
https://coronavirus.dc.gov/sites/default/files/u65602/03.%20FACESH%20Summary.pdf.
29.
Attached as Exhibit 28 is a true and correct copy of the ReOpen DC Advisory
Committee’s site “ReOpen DC,” available to the public on the District of Columbia’s website,
found at https://coronavirus.dc.gov/reopendc.
30.
Attached as Exhibit 29 is a true and correct copy of the June 6, 2020 THE HILL
article by Marty Johnson, “Bowser addresses record crowd at Black Lives Matter Plaza,”
available to the public on The Hill’s website, found at
https://thehill.com/homenews/administration/501489-bowser-addresses-record-crowd-at-
black-lives-matter-plaza.
31.
Attached as Exhibit 30 is a true and correct copy of the June 5, 2020
Metropolitan Police Department Traffic Advisory: “First Amendment Demonstrations,”
available to the public on District of Columbia’s website, found at
https://mpdc.dc.gov/release/traffic-advisory-first-amendment-demonstrations.
32.
Attached as Exhibit 31 is a true and correct copy of the June 7, 2020
WASHINGTON POST article by Michelle Boorstein, et al., “Faith community takes center stage
as thousands again gather for 10th day of protests in D.C,” available to the public on the
Washington Post’s website, found at https://www.washingtonpost.com/local/crowds-gather-
Case 1:20-cv-02710 Document 4 Filed 09/22/20 Page 7 of 11
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near-white-house-for-10th-day-of-protests-in-dc/2020/06/07/bc924062-a6cb-11ea-bb20-
ebf0921f3bbd_story.html.
33.
Attached as Exhibit 32 is a true and correct copy of the June 14, 2020
WASHINGTON POST article by Michelle Boorstein, et al., “Thousands gather Sunday for prayer
and protests in Washington” available to the public on the Washington Post’s website, found at
https://www.washingtonpost.com/local/thousands-join-in-sunday-prayer-and-protest-in-front-
of-the-white-house/2020/06/14/734cc766-acdd-11ea-9063-e69bd6520940_story.html.
34.
Attached as Exhibit 33 is a true and correct copy of the June 11, 2020
Metropolitan Police Department Traffic Advisory: “First Amendment Demonstrations,”
available to the public on District of Columbia’s website, found at
https://mpdc.dc.gov/release/traffic-advisory-first-amendment-demonstrations-0.
35.
Attached as Exhibit 34 is a true and correct copy of the transcript of CNN’s
June 14, 2020 Live Event, “Mayors Who Matter: A CNN Town Hall On Race And COVID-
19,” as published on CNN’s website, found at
http://transcripts.cnn.com/TRANSCRIPTS/2006/14/se.01.html.
36.
Attached as Exhibit 35 is a true and correct copy of the June 19, 2020 article by
Jackson Filyo, “Wizards, Mystics lead ‘Together We Stand’ peaceful protest to commemorate
Juneteenth,” available to the public on the Washington Wizard’s website, found at
https://www.nba.com/wizards/wizards-mystics-together-we-stand-protest-juneteenth-061920.
37.
Attached as Exhibit 36 is a true and correct copy of the September 4, 2020
WUSA9 article by Kolbie Satterfield, “‘Please don't call me your average Black boy’ | Black
Students Matter rally highlights disparities in education,” available to the public on WUSA9’s
Case 1:20-cv-02710 Document 4 Filed 09/22/20 Page 8 of 11
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website, found at https://www.wusa9.com/article/news/local/protests/black-students-matter-
rally-calls-for-equity-in-education/65-84df0c03-41ac-47d6-92d2-4492db5975a4.
38.
Attached as Exhibit 37 is a true and correct copy of the June 20, 2020
WASHINGTON POST article by Joe Heim, et al., “Protests in D.C. smaller and quieter under
stormy skies,” available to the public on The Washington Post’s website, found at
https://www.washingtonpost.com/local/protests-in-dc-smaller-and-quieter-under-stormy-
skies/2020/06/20/d7c13610-b268-11ea-8758-bfd1d045525a_story.html.
39.
Attached as Exhibit 38 is a true and correct copy of the June 21, 2020
WASHINGTON POST article by Michelle Boorstein and Nick Anderson, “On Father’s Day,
families gather in D.C. to celebrate black fatherhood and challenge stereotypes,” available to
the public on the Washington Post’s website, found at
https://www.washingtonpost.com/local/on-fathers-day-families-gather-in-dc-to-celebrate-
black-fatherhood-and-challenge-stereotypes/2020/06/21/f06f2ace-b26c-11ea-8758-
bfd1d045525a_story.html.
40.
Attached as Exhibit 39 is a true and correct copy of the June 18, 2020
Metropolitan Police Department Traffic Advisory: “First Amendment Demonstrations,”
available to the public on District of Columbia’s website, found at
https://mpdc.dc.gov/release/traffic-advisory-first-amendment-demonstrations-1.
41.
Attached as Exhibit 40 is a true and correct copy of the July 31, 2020
WASHINGTON POST article by Fenit Nirappil & Dana Hedgpeth, “Attendees at D.C. rally for
racial justice should follow travel order, mayor says,” available to the public on the
Washington Post’s website, found at https://www.washingtonpost.com/local/coronavirus-dc-
rally-maryland-virginia/2020/07/31/98ad4612-d333-11ea-8c55-61e7fa5e82ab_story.html.
Case 1:20-cv-02710 Document 4 Filed 09/22/20 Page 9 of 11
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42.
Attached as Exhibit 41 is a true and correct copy of the August 17, 2020 WJLA
article by ABC7 staff, “2020 Commitment March on Washington 're-imagined' to protect
against COVID, DC Mayor says,” available to the public on WJLA’s website, found at
https://wjla.com/news/2020-march-on-washington/2020-march-on-washington-re-
imagined?_gl=1*lmic9f*_ga*LThab1JjdGEzemNaU2t1ZjF5MWFObkFwRllnQkRnRWE2Wl
ZhYTlrTF9qLVFRSkZZSWdnLWVVLW01SGhwVU1yUw.
43.
Attached as Exhibit 42 is a true and correct copy of the August 28, 2020
WASHINGTON POST article by Patrick Sullivan, et al., “March on Washington: Sharpton
bemoans ‘broken promises’ as thousands march in D.C.,” available to the public on the
Washington Post’s website, found at https://www.washingtonpost.com/dc-md-
va/2020/08/28/march-on-washington-protest-dc/.
44.
Attached as Exhibit 43 is a true and correct copy of the August 24, 2020
Metropolitan Police Department Traffic Advisory: “Commitment March ‘Get Your Knee Off
Our Necks,’” available to the public on District of Columbia’s website, found at
https://mpdc.dc.gov/release/traffic-advisory-commitment-march-%E2%80%9Cget-your-knee-
our-necks%E2%80%9D.
45.
Attached as Exhibit 44 is a true and correct copy of the August 28, 202) dcist
article by Collen Grablick, “Broccoli City, Events DC Launching Pop-Up Drive-In Movie
Theater On RFK Campus,” available to the public on dcist’s website, found at
https://dcist.com/story/20/06/29/broccoli-city-events-dc-launching-pop-up-drive-in-theater-on-
rfk-campus/.
Case 1:20-cv-02710 Document 4 Filed 09/22/20 Page 10 of 11
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46.
Attached as Exhibit 45 is a true and correct copy of the District of Columbia’s
COVID-19 site titled, “COVID-19 Surveillance,” available to the public on the District of
Columbia’s website, found at https://coronavirus.dc.gov/data.
I declare under penalty of perjury that the foregoing is true and correct. Executed this
day, September 22, 2020 in Washington, D.C.
Dated: September 22, 2020
Respectfully submitted,
/s/ Matthew T. Martens
Matthew T. Martens (D.C. Bar No. 1019099)
WILMER CUTLER PICKERING HALE AND
DORR LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
Tel: (202) 663-6000
Fax: (202) 663-6363
Matthew.Martens@wilmerhale.com
Attorney for Capitol Hill Baptist Church
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