Rocky Mountain Sign Law reports that the Seventh Circuit appeals court in Indiana has ruled that the Fort Wayne Transit systems rejection of a healthcare ad was unreasonable in light of the transit agency’s ad policy.

• The Fort Wayne Transit Agency (“Citilink”) has a policy that prohibits as that “express or advocate opinions or positions on political, religious or moral issues”.

• Citilink rejected an application for public bus advertising from a group called Womens Health Link when it learned that Womens Health Link provided alternatives to abortion including adoption and counseling on the grounds that abortion is a moral issue.

• The Indiana Seventh Circuit Appeals court ruled that the rejection was unreasonable because the ad had nothing to do with abortion and “the content of Health Link’s proposed ad lacks the faintest suggestion or a political, religious or moral aim or agenda.”  Because Citilink allowed advertising for immigrant services, anti-crime organizations, vaccination advocacy, get-out-the-vote campaigning, and other public matters, the appeals court held that Citilink’s rejection of WHL’s ads unreasonable.You can read the decision here.

Insider’s take: Does your company have a policy over what kinds of ads it won’t take?  Makes sense to put it in writing and apply the written policy consistently if you are going to turn down an ad.

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