Nonprofit Group Sues Metro Over Policy Banning Political Advertising

WASHINGTON -- A nonprofit group opposed to scientific testing on animals is suing the Washington Metropolitan Area Transit Authority for its refusal to display its advertisements.

Metro banned ads that advocate political policies after running afoul of organizations with different points of view.

Only ads that provide a “commercial benefit” to the advertiser are allowed. They normally refer to companies advertising products or services.

Haymarket, Va.-based White Coat Waste Project said Metro lacks a “legitimate” or compelling interest for the policy. Its lawsuit filed in U.S. District Court for the District of Columbia accuses the transit agency of violating its First and Fifth Amendment rights.

The First Amendment right the lawsuit claims is free speech. The lawsuit invokes the Fifth Amendment to say Metro is infringing on its freedom from government interference while exercising fundamental rights.

The lawsuit asks a judge to declare the ad policy unconstitutional and to require Metro to display the three ads the transit agency rejected on its buses, trains and stations.

One of the ads shows a beagle sniffing powder that appears to be cocaine next to a rolled-up dollar bill. The slogan on the ads says, “Stop the money. Stop the madness! You paid $2.3 MIL in taxes for this!”

Another ad shows small animals fighting under a banner saying, “NIH’s FIGHT CLUB.” “You paid $1.5 MIL in taxes for this!” NIH refers to the National Institutes of Health.

White Coat Waste Project’s lawsuit says, “[Metro’s] prohibitions against ads designed to influence the public or public policy are incapable of reasoned applications and allows [Metro] to discriminate against advertisers based on [Metro’s] conception of the speaker.”

The group says other transit agencies have declined its ad but it successfully challenged their bans.

Metro’s decision to reject the ads was based on a review by an internal committee that implements the 14 guidelines of its policy. The guidelines, updated in 2015, prohibit false or misleading statements as well as efforts to influence public programs.

“Taken literally, the prohibition would prohibit all or most advertising, as every product, service, or issue that is [in] need of an advertisement naturally tries to influence a member of the public regarding an issue on which there are varying opinions,” the lawsuit says.

Metro officials have refused to comment on the pending litigation.

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