Metro - File #: 2023-0165

• File #: 2023-0165
• Type: Policy
• Status: Passed
• File created: 3/1/2023
• In control: Executive Management Committee
• On agenda: 4/20/2023
• Final action: 4/27/2023
• Title: ADOPT the System Advertising Policy 2023 (Attachment A) that includes revisions made in response to a recent ruling by the U.S District Court in First Amendment litigation brought by People for the Ethical Treatment of Animals (PETA) against Metro.
• Indexes: Advertising, Grant Aid, Guidelines, Policy, Safety, Transit buses
• Related files: 2017-0076

Date	Action By	Action	Result
4/27/2023	Board of Directors - Regular Board Meeting

Meeting_Body
EXECUTIVE MANAGEMENT COMMITTEE
APRIL 20, 2023



Subject
SUBJECT: SYSTEM ADVERTISING POLICY
Action
ACTION: ADOPT REVISED POLICY


Heading
RECOMMENDATION

Title
ADOPT the System Advertising Policy 2023 (Attachment A) that includes revisions made in response to a recent ruling by the U.S District Court in First Amendment litigation brought by People for the Ethical Treatment of Animals (PETA) against Metro.

Issue
ISSUE

Pursuant to Metro's current advertising policy, Metro accepts only advertising of commercial content, subject to two exceptions: ads by government agencies (Exception 1 in Attachment B) and ads from non-profits containing non-commercial content that are co-sponsored by a government agency (Exception 2 in Attachment B). In 2021, PETA filed a lawsuit against Metro, alleging that Metro's prohibition against non-commercial advertising and its exception for ads co-sponsored by a government agency violate the First Amendment. The U.S. District Court granted summary judgment in favor of PETA, and entered its final judgment and permanent injunction in January 2023. The injunction prohibits Metro from enforcing its prohibition against non-commercial advertising and its exception for ads from non-profits who are co-sponsored by a government agency. Metro conducted a global review of its advertising policy in response to the District Court's ruling.

Background
BACKGROUND

Metro's System Advertising Policy addresses both agency assets and advertising content. The scope of assets covered by Metro's advertising policy has grown over the years. Metro's initial advertising policy was adopted in 2000, and at that time its scope was limited to Metro's bus fleet. The policy was revised several times thereafter to increase its scope: in 2005 to include rapid transit bus vehicles; in 2008 to include trains and stations, and in 2017 to include Orange Line bus vehicles. As a result of those revisions, Metro's advertising policy covers all Metr...