904 F. Supp. 2d 670
E.D. Mich.2012Background
- AATA operates transit advertising; policy governs ad approvals and reserves right to reject displays.
- Coleman submitted a bus-ad with 'Boycott Israel' and 'Boycott Apartheid' against policy; image included.
- AATA board/review process rejected the ad under the policy; reasons referenced defamation and bad taste.
- Plaintiff filed §1983 action alleging First and Fourteenth Amendment violations (designated public forum, vagueness, viewpoint concerns).
- Plaintiff sought preliminary injunctive relief; defendants moved to dismiss; evidentiary hearing held on forum and enforcement history.
- Court found the policy vague and the forum a designated public forum, granting TRO/injunction and denying dismissal on some counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Forum type | AATA advertising space is designated public forum. | Policy/board intent limits forum; not designated public forum. | Yes; court found designated public forum. |
| Good taste vagueness | Good taste/aesthetic standards are vague and allow discretion. | Standards provide permissible review criteria. | Unconstitutional vagueness; merits favor plaintiff. |
| Scorn or ridicule provision | Provision is content-based and impermissibly restrictive. | Provision is a valid time/place/manner restriction if justified. | Content-based restriction fails strict scrutiny; provision unconstitutional. |
| Government speech | Privately funded ads on government property are not government speech. | Ads may be government speech if sponsored or controlled. | Ads are not government speech; not attributed to AATA. |
Key Cases Cited
- United Food & Commercial Workers Union, Local 1099 v. Sw. Ohio Regional Transit Auth., 163 F.3d 341 (6th Cir. 1998) (designated public forum; vague/overbreadth; injunction groundwork)
- Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37 (U.S. 1983) (designated/public forum standards; time/place/manner distinctions)
- Summum v. City of Pleasant Grove, 555 U.S. 460 (U.S. 2009) (designated public forum; universality of standards)
- Christ’s Bride Ministries v. SEPTA, 148 F.3d 242 (3d Cir. 1998) (unclear standards in forum designation analysis)
- New York Magazine v. Metro. Transp. Auth., 136 F.3d 123 (2d Cir. 1998) (forum analysis; property compatibility with expressive activity)
- Planned Parenthood Ass’n v. Chicago Transit Auth., 767 F.2d 1225 (7th Cir. 1985) (forum/open access in transit advertising)