The ACLU of Pennsylvania. led by the great Vic Walczak, one of the lead attorneys in the Dover trial a decade ago, has filed suit on behalf of the Northeastern Pennsylvania Freethought Society over a local transit system’s refusal to accept an ad to be placed on buses.
The American Civil Liberties Union of Pennsylvania filed a federal lawsuit today against the County of Lackawanna Transit System (COLTS) over its refusal to allow a local atheist group, the Northeastern Pennsylvania (NEPA) Freethought Society, to advertise on its buses. The lawsuit argues that the transit system violated NEPA Freethought Society’s free speech rights by rejecting its ads because of the group’s views.
Since 2012, the NEPA Freethought Society has tried unsuccessfully to run various ads on COLTS buses. The rejected ads simply say “atheists” along with the group’s name and/or website. COLTS first turned down one of these ads under a policy that gave COLTS discretion to reject ads it deemed “controversial” or that would spark debate or discussion of public issues. In commenting on the rejection, COLTS’ solicitors said that COLTS did not accept any ads “promoting” or “attacking” religion or ads intended to spark public debate. However, according to the complaint, for at least ten years before NEPA Freethought Society tried to advertise, COLTS never rejected a single ad. COLTS has run ads from religious organizations, a political candidate, and a blog with links to anti-Jewish websites. COLTS also displayed the message “God Bless America” on the front of one bus for years.
In September 2013, COLTS again rejected the society’s proposed “atheists” ad, explaining that COLTS believed the ad would “offend or alienate” some of COLTS’ riders, causing COLTS to lose money. Eight days after rejecting the ad, COLTS adopted a new advertising policy that explicitly banned ads that “promote the existence or non-existence of a supreme deity” or address religion.
In 2014, COLTS finally accepted a version of the NEPA Freethought Society’s ad after it removed the word “atheists.”
The original ad only had the word “atheists.” Apparently just that word is offensive. Glad to see the ACLU helping out here against this rather blatant discrimination.