Pubdate: Wed, 07 Aug 2002
Source: Boston Weekly Dig (MA)
Copyright: 2002 Boston Weekly Dig
Contact:  http://www.weeklydig.com/
Details: http://www.mapinc.org/media/1515
Author: Jon Whiten

THE T JUST SAYS NO

Federal Judge Uphold's T's Right To Ban Certain Political Messages

Last week, a federal judge ruled in favor of the MBTA in a First Amendment 
lawsuit brought against them by Change the Climate, an organization founded 
in 1999 "for the purpose of raising public awareness about marijuana 
issues." They were denied advertising space on the MBTA transit system 
because the ads "promote the use of marijuana in a subtle way," according 
to Lucy Shorter, the director of marketing communications at the T at that 
time.

But according to the deposition of Joseph White, founder and executive 
director of Change the Climate, they "in no way advocate the use of 
marijuana or any violation of existing laws." They are simply trying to 
encourage public debate about "the negative consequences of marijuana laws 
on our children, the differences between marijuana and other drugs, the 
extraordinary resources our government has devoted to marijuana law 
enforcement, and the proven beneficial medical and industrial uses." 
Clearly, the MBTA doesn't believe this debate is an important one.

The MBTA has spent over $500,000 fighting this lawsuit, according to the 
Boston Globe. They have previously lost similar lawsuits brought against 
them by the AIDS Action Committee, pro-choice organizations and an animal 
rights organization for challenging advertising content.

Yet they seem to have no problem continuing to bankroll these crusades.

The Weekly Dig filed a Freedom of Information Act request with the MBTA 
almost 90 days ago to find out exactly how much money they have spent 
fighting these cases.

As this issue goes to press, we still have not been given the figures. 
Whatever the amount, this money spent silencing freedom of speech could 
obviously be used in better ways, such as improving T service.

But this is not simply a case of poor spending by the MBTA. According to 
their General Manager Michael T. Mulhern, their goal in denying the ad 
space was "protecting the thousands of schoolchildren who ride the T every 
day from offensive advertising." Yet they seem to have no problem running 
ads pitching alcohol, objectifying women and men, and generally promoting 
an unhealthy lifestyle of massive consumerism.

The ruling judge, US District Judge Robert E. Keeton, seems to perceive the 
inconsistency of the MBTA's decision.

Saying their advertising guidelines were "constitutionally flawed," he 
ordered them to create an advisory board to come up with new ones. This 
board is to be made up of various public groups, including organizations 
like Change the Climate. Yet he didn't force the T to run the ads, so White 
said they "expect to be appealing to the First Circuit Appeals Court."

Change the Climate has run two successful campaigns in Washington, D.C. on 
the Metro transit system, and will be running a third starting this month. 
White said, "We will be focusing our advertising efforts in other key 
cities as well." You can check out the ads at www.changetheclimate.org, and 
if their appeal should prove successful, you'll be seeing them on Boston's 
buses, trains and subway platforms in the future.

Additional reporting by Joe Bonni.
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MAP posted-by: Jay Bergstrom