South Bend Transpo Advertising Policy

Advertising Policy South Bend Public Transportation Corporation PREAMBLE The South Bend Public Transportation Corporation (“TRANSPO”) has accepted advertisements which deal with commercial matters and political, religious and/or public issues. The Board of Directors of TRANSPO has determined that it is necessary to adopt an Advertising Policy to establish a uniform policy regarding advertising. The primary purpose of TRANSPO is to provide safe and efficient public transportation services for persons using its buses and facilities. The Board of Directors of TRANSPO intends for its vehicles and facilities to constitute non-public forums and that any advertising will be subject to a uniform, view point neutral standard. The Board of Directors adopts this Advertising Policy for the following reasons: 1.

TRANSPO desires to maintain a position of neutrality on issues of political, religious, and social nature.

2.

TRANSPO desires to avoid the appearance or implication that it is endorsing any political, religious or social issue.

3.

TRANSPO is concerned that advertisements of a political, religious or social nature may violate the Establishment Clause of the United States Constitution.

4.

TRANSPO desires to promote harmony and prevent TRANSPO’s employee group from being placed in a position of operating a bus with an advertisement in contradiction of their moral or religious beliefs.

5.

TRANSPO desires to attract, maintain and increase its revenue generated from commercial advertisers and does not wish to dissuade commercial advertisers from advertising by requiring commercial advertisers to use the same forum used by those desiring to communicate political, religious or social issues.

6.

TRANSPO desires to prevent its administration from investing costly time and resources in evaluating what is an appropriate advertisement or not.

7.

TRANSPO desires to protect its passengers, employees and buses from any violence generated from advertisements on its buses. TRANSPO is committed to providing safe and orderly operation of its passenger service.

8.

TRANSPO recognizes that its passengers are a captive audience to any advertisements on the outside, or inside, of its buses. Many of TRANSPO’s passengers have no other alternatives but to use TRANSPO’s services for transportation and many are elementary, junior high, or high school students. TRANSPO desires that users be provided an environment free from any commercial endorsements or any political, religious, or social issues. Advertisements on matters of political, religious, social or commercial matters may decrease TRANSPO’s revenue from ridership and/or adversely affect its passengers. ADVERTISING POLICY

1.

TRANSPO shall not display or maintain any advertisement that falls within one or more of the following categories which are prohibited: a.

Demeaning or disparaging. The advertisement contains material that can be viewed as demeaning or disparaging an individual, group of individuals, or entity.

b.

Religious and social issues. The advertisement contains any reference to a religion, creed, denomination, tenet, deity, belief, cause or social issue.

c.

Alcohol, tobacco and firearms. The advertisement promotes the sale or use of alcohol, tobacco or firearms; or alcohol, tobacco, or firearms-related products. This prohibition includes any images or visualizations depicting alcohol, tobacco, or firearms on anyone.

d.

Profanity. The advertisement contains profane language and/or the suggestion or appearance of profane language.

e.

Violence. The advertisement contains an image or description of violence.

f.

Unlawful goods or services. The advertisement, or any materials contained in it, promotes or encourages the use or possession of unlawful or illegal goods or services.

g.

Unlawful conduct. The advertisement, or any material contained in it, promotes or encourages, or appears to promote or encourage, unlawful or illegal behavior or activities.

h.

Obscenity, nudity or sexual activity. The advertisement depicts nudity or sexual intercourse or other sexual activity. This prohibition includes any promotion of

any “adult” product or industry including adult videotapes, adult movies, nude or semi-nude establishments, or any other adult entertainment, establishment or forum. i.

Political and electoral speech. The advertisement contains political campaign speech referring to a specific ballot question, initiative, petition, referendum, or political viewpoint. This prohibition includes any advertisement referring to a candidate for public office.

j.

Endorsement. The advertisement, or any materials contained in it, implies or declares an endorsement by TRANSPO of any advertisement.

k.

False, misleading, or deceptive commercial speech. The advertisement proposes a commercial transaction and the advertisement, or any material in it, is false, misleading, or deceptive.

l.

Libelous speech, copyright infringement, etc. The advertisement, or any materials contained in it, is libelous or an infringement of copyright, or is otherwise unlawful or illegal or likely to be subject TRANSPO to litigation.

m.

Disregard for transit safety. Advertising cannot encourage persons to refrain from using safety precautions normally used in transit-related activities, such as awaiting, boarding, riding upon, or debarking from transit vehicles. REVIEW OF ADVERTISEMENTS

1.

Initial review by Contractor. TRANSPO’s Contractor shall review each advertisement submitted for display on or in TRANSPO’s vehicles or facilities to determine whether or not the advertisement violates or may violate the advertising Standards set forth in this Policy. If the Contractor determines that an advertisement falls within, or may fall within, one or more of the categories that violate the Advertising Policy, then the Contractor shall advise TRANSPO’s General Manager of the category or categories in which the advertisement may fall.

2.

Review by General Manager. The Contractor shall send the advertisement and supporting information (the name of the advertiser, the size and number of the advertisements, and the dates and locations of display, and notation of any violation of the Advertising Policy) to the General Manager for review. The General Manager shall review the advertisement and supporting information to determine whether or not the advertisement is in compliance with the Advertising Policy. In the event that the advertisement falls within, or may fall within, one or more of the prohibited categories set

forth in the Advertising Policy, the General Manager shall, in writing, specify which of the prohibited categories the advertisement falls within, or may fall within, and shall return the advertisement and supporting material to the Contractor. 3.

Notification of rejection of advertising. The Contractor will send prompt, written, notification to the advertiser if the advertising has been rejected, and will include a copy of this policy and will specify which of the categories the advertisement falls within, or may fall within. The Contractor, in its discretion, may include the rejection suggestions to the advertiser of changes that could be made to the advertising to make it compliant with this policy.

4.

Appeal to the officers of the Board of Directors. Advertisers may appeal the rejection of advertising to the three (3) Officers of the Board of Directors by notifying the General Manager, in writing, of the desire for an appeal. The General Manager and the three (3) Officers of the Board of Directors will promptly schedule a meeting with the advertiser to perform a review of the advertising and to hear comments from the advertiser. The three (3) Officers of the Board will notify the advertiser, with a copy to the General Manager, of the appeal decision within ten (10) days of the date of the meeting.

5.

Uniform anticipation. The Contractor, General Manager and Officers of the Board of Directors will uniformly apply this policy to all advertisements.