Denial of a request to create an “All Lives Matter” mural prompted Turning Point USA at Indiana University to sue the City of Bloomington in 2022. In July of this year, a federal judge ruled in part against Turning Point.
Now, two former TPUSA organizers are asking the court to reconsider.
Plaintiffs Kyle Reynolds and Tim Wheeler, both graduates of IU Bloomington, filed the motion for reconsideration Aug. 22 in the U.S. District Court of Southern Indiana. The IU chapter of TPUSA is also named as a plaintiff. James Chambers, the current chapter president, declined to comment on the suit and did not respond to a request for clarification on the organization’s connection to it by time of publication.
The City of Bloomington, Director of Public Works Adam Wason, Board of Public Works member Kyla Cox Deckard and then-City Attorney Michael Rouker are named as defendants.
History of the case
In July 2021, Reynolds emailed IU Capital Planning and Facilities requesting to paint an “All Lives Matter” street mural on East Kirkwood Avenue near Sample Gates. He was referred to the city after then-Vice President of IUCPF Thomas Morrison said that “IU is ok with the East Kirkwood location” and contacted Wason and Rouker.
According to court documents, Rouker said in an August 2021 email the city was not “considering adding additional art within its right of way” and did not take recommendations for art in its right of way from individuals.
Reynolds pointed out the city had approved three “Black Lives Matter” murals, including one by members of IU Black Collegians, painted from October 2020 to July 2021 and threatened to take legal action in an emailed response.
In February 2022, the IU chapter of Turning Point USA and Reynolds sued the City of Bloomington, as well as two members of the Board of Public Works and Wason. The plaintiffs alleged that the Board of Public Works had engaged in viewpoint discrimination, or limiting certain speech based on its ideals or perspectives.
The case was sent from the Monroe County Circuit Court to a federal district court in March 2022. Judge Sarah Evans Barker granted Reynolds’ request for a preliminary injunction. She said the plaintiffs “must be permitted to engage in the process afforded to other private individuals and groups.”
The city was ordered to outline how members of the public can be approved to disrupt a city right-of-way to display public art. It created a policy that semi-permanent or permanent art could not contain “words, letters, numbers, universally recognized symbols, or logos of any kind.”
In March 2023, the board again denied Reynolds’ request to paint a new mural based on this policy. Barker found in July 2025 the city-approved “Black Lives Matter” murals were government speech.
In September 2020, the city and a city advisory committee approved the painting and funding of two murals, one on Elm Street and one on Sixth. The student-painted mural was also seen as government speech, since the city knew of the mural before it was painted and did not remove the mural before retroactively approving it in August.
Barker said the city didn’t violate Reynold’s First Amendment rights by approving the installation of the “Black Lives Matter” murals but disallowing his mural.
She denied both sides’ motions for summary judgments regarding the plaintiffs’ viewpoint discrimination accusations.
A pretrial conference is scheduled in Indianapolis for Nov. 4 and a bench trial for Nov. 17.
