SORTA_Advertising_Policy.pdf

Policy Governing All Advertising in or upon Southwest Ohio Regional Transit Authority Facilities and Property

It is SORTA’s policy that its facilities and property (including, but not limited to, its buses, shelters, benches and billboards) are not public forums.

1. Restrictions: SORTA WILL NOT display or maintain any advertisement that falls within one or more of the following categories:

(a) Demeaning or disparaging. The advertisement contains material that demeans or disparages an individual or group of individuals on the basis of race, color, religion, national origin, ancestry, gender, age, disability, ethnicity, gender, marital or parental status, military discharge status, source of income, or sexual orientation.

(b) Tobacco. The advertisement promotes the sale or use of tobacco or tobacco -related products, including depicting such products.

(c) Profanity. The advertisement contains profane language, i.e., language containing certain of those personally reviling epithets naturally tending to provoke violent resentment or language that under contemporary community standards is so grossly offensive to members of the public who actually hear it as to amount to a nuisance.

(d) Violence. The advertisement contains an image or description of violence, including, but not limited to (1) the depiction of human or animal bodies or body parts, or fetuses, in states of mutilation, dismemberment, decomposition, or disfigurement, and (2) the depiction of weapons or other implements or devices used in the advertisement in an act of violence or harm on a person or animal.

(e) Unlawful goods, services or conduct. The advertisement, or any material contained in it, promotes or encourages, or appears to promote or encourage, unlawful or illegal goods, services, behavior or activity.

(f) Obscenity or nudity. The advertisement contains obscene material; depicts nudity, sexual intercourse or other sexual acts; or is harmful to juveniles. For purposes of these standards, the terms “obscene,” “nudity” and “harmful to juveniles” have the meanings contained in Ohio Revised Code Chapter 2907.

(g) Prurient sexual suggestiveness. The advertisement contains material that incites, describes, depicts, or represents sexual activities or images or descriptions of human sexuality or anatomy in a way that the average adult, applying contemporary community standards, would find appeals to the prurient interest. The advertisement promotes the sale of pornography, adult telephone or Internet services, escort services, nude dance clubs, sensual massage, or any other form of adult-oriented entertainment.

(h) Endorsement. The advertisement, or any material contained in it, implies or declares an endorsement by SORTA of any service, product, or point of view;

without prior written authorization of the SORTA CEO and General Manager.

(i) False, misleading, or deceptive speech. The advertisement, or any material in it, is false, misleading, or deceptive.

(j) Libelous speech, copyright infringement, etc. The advertisement, or any material contained in it, is libelous or an infringement of copyright, or is otherwise unlawful or illegal or is likely to subject SORTA to litigation.

(k) 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).

(l) Unclear identification of the advertiser. The advertisement is such that (1) the message or sponsorship of the advertisement cannot reasonably be determined without reference to a web site or telephone number that is listed in the advertisement, and (2) that web site prominently contains, or that telephone number directs callers to, material that violates these guidelines.

(m) Non-paid advertising. No free advertising of any kind is accepted; provided, however, that SORTA has the unqualified right to display advertisements and notices that pertain to SORTA operations and promotions at no cost and consistent with this policy. Trade agreements (in which, in lieu of cash, SORTA accepts products or services that are deemed useful to it) may be accepted upon approval by the CEO and General Manager.

(n) Non-commercial. The subject matter and intent of the advertisement is non-commercial and does not promote for sale, lease or other form of financial benefit a product, service, event, or other property interest in primarily a commercial manner for primarily a commercial purpose, except as otherwise explicitly set forth herein.

2. Public Service Announcements. SORTA may sell advertising space for public service announcements by governmental entities, academic institutions, or nonprofit organizations. Such announcements are subject to the provisions set forth in Sections 1(a) through 1(m) above and shall not express or advocate opinions or positions upon political, religious, or moral issues.

3. Review: SORTA or its agent shall review each advertisement submitted for display on or in SORTA vehicles or facilities to determine compliance with advertisement standards set forth above. In the event that the advertisement falls within (or may fall within) one or more of the categories, SORTA or its agent will send prompt, written notification (which may include written notification by email) to the advertiser; including, a copy of this policy and identification of category(s).

4. Applicability: SORTA reserves the right to suspend, modify, or revoke the application of any or all of this policy as it deems necessary to comply with legal mandates, to accommodate its primary transportation function, and to fulfill the goals and objectives of

SORTA.