A federal appeals court is being asked to overturn a decision that allowed ads on buses for translation services, counseling and housing, GED opportunities, preventative health care, college planning, dental services, free backpacks for students, food stamps and much more.
But it banned a simple statement: "You are not alone. Free resource for women seeking health care. Womenshealthlink.org."
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The featured website offers referrals for gynecological care, prenatal care, medical care, housing, mammograms, birth-control information, veterans services and adoption.
U.S. District Judge Robert L. Miller Jr. in Indiana had upheld the ad ban imposed by the Fort Wayne Public Transportation Corp. against Women's Health Link.
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But the Alliance Defending Freedom this week filed a notice of appeal with the 7th U.S. Circuit Court of Appeals.
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"City officials can't run ads from non-profit groups, such as the United Way, and then single out Women's Health Link's nearly identical ad for censorship," said ADF Senior Counsel Kevin Theriot.
"The First Amendment protects freedom of speech for all people, regardless of their political or religious views. Because government has a responsibility to ensure equal access to community advertising, we have filed this appeal and hope the 7th Circuit will reverse the district court's decision."
The Women's Health Link site promotes itself as a referral resource "for women seeking physical, emotional, spiritual or mental health care."
The local transit service, Citilink, however, refused its ad.
The organization challenged the decision, noting that Betsy Kachmar, Citilink's assistant manager, had said the "ad looks fine" and had suggested a contract for posting it.
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The communication was with Beck Rogness of the Women's Health Link board. She also is communications manager for the Allen County Right to Life.
But later, Kachmar notified Rogness that the ad failed to meet the "commercial requirement" of the agency.
So the request was resubmitted under the agency's provision for "public service announcements by government entities, academic institutions, or nonprofit organizations."
The agency requires that the ads "not express or advocate opinions or positions upon political, religious, or moral issues."
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The agency contended the women's health care ad was not neutral.
The complaint charged Citilink allowed public service announcements from groups with "non-life-affirming" purposes but banned its own "life-affirming" notice.
The judge admitted that ads were allowed for combating "societal ills," American Red Cross interpretation services, "free information about food, counseling, housing and more," Narcotics Anonymous, "preventative health care to individuals without insurance" and college offerings.
Others were dental services, tips on avoiding the flu, food stamps, a cancer center, flu vaccines, a charity walk, a quit-smoking plan, bicycle safety and free counseling services.
But the judge said evidence "doesn't support" the claim that Citilink allowed "comparable advertisements that address the same or similar topics but advocate a non-life-affirming position."
The judge noted that some of the ads appear "to be virtually identical to Women's Health Link's advertisement."
But he said the problem is that Women's Health Link endorses a position, opposition to abortion, although its website does not refer to abortion. He said the other ad that is virtually the same, from United Way, doesn't endorse a position, although it does recommend providers who endorse positions.
He said Citilink is running its advertising program as a "nonpublic" forum.
"Citilink created and consistently maintained the advertising space in its buses as a nonpublic forum," the judge found.
Therefore, speech restrictions are allowed, if they are viewpoint neutral.
