Manhattan, NY – New York City’s Metropolitan Transportation Authority need not display a controversial advertisement from an anti-Muslim group on its buses, a federal judge ruled on Friday, after the agency voted to ban all political ads from buses and subways.
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U.S. District Judge John Koeltl in Manhattan said the new MTA policy approved on April 29 mooted his earlier preliminary injunction requiring that it display an ad from the American Freedom Defense Initiative that was critical of Hamas, and referred to Muslims killing Jews.
Koeltl said the policy change likely converted MTA buses and subways into a “limited public forum” or “nonpublic forum,” giving the agency more control over ad content.
“Some may regret the MTA’s prohibition of political advertisements and the resulting loss of a public forum for heated political debate,” Koeltl wrote. “But no law requires public transit agencies to accept political advertisements as a matter of course, and it is not for this court to impose its own views on what type of forum the MTA should create.”
The American Freedom Defense Initiative had argued that the injunction should remain in place because the new MTA policy was unconstitutional and designed to silence the group.
Koeltl invited the group to amend its complaint to address the policy’s constitutionality.
David Yerushalmi, a lawyer for the American Freedom Defense Initiative, said the group will decide on Monday whether to amend the complaint or appeal Koeltl’s decision.
“We do not intend to allow any grass to grow under this ruling,” Yerushalmi said.
Koeltl had delayed enforcement of the injunction so the MTA could decide how to respond. The injunction never took effect.
The case is American Freedom Defense Initiative et al v. Metropolitan Transportation Authority et al, U.S. District Court, Southern District of New York, No. 14-07928.
“ban all political ads”. Hmm, wonder what’s going to happen when all those candidates try purchasing posters for election day…
This group, unfortunately, is deliberately seeking to provoke confrontations, hatred, and stir the pot. We would not want to see such ads from Muslim groups, blasting Jews and EY. Therefore, why should the reverse be permitted?
To #3 and #4 - Both of you remind me of the hysteria which existed in the USA, and especially on the West Coast, after Dec. 7, 1941. Because of that wartime hysteria, the USA rounded up hundreds of thousands of Japanese-Americans, and placed them in internment camps for four years. Their businesses were ruined, and their property was also confiscated. Yet, both of you would condone the public anti-Muslim ads, which have been proposed. Once you open that door, other groups will want to take out similar ads against Jews, Blacks, Hispanics, Asians, Sikhs, and other groups. It is mind boggling how frum Yidden can endorse such tactics!
I respect Pamela Geller but her campaign is not going to have a happy ending; not for her and not for klal Yisroel in general. I’m glad the ban held up