BY BEN L. KAUFMAN
The Cincinnati Enquirer
The Southwest Ohio Regional Transit Authority (SORTA) asked a federal appeals court Monday to allow it to reject what it says is an unacceptable union ad.
Arguing before the U.S. Court of Appeals for the 6th Circuit, SORTA attorney Richard M. Goehler said a publicly supported bus system can reject advertising that conflicts with its image and hurts business.
"This is not a case of anti-union or pro-union," he added. Robert Newman, attorney for Local 1099 of the United Food & Commercial Workers, which wanted to put the ad on a Metro bus, called SORTA's objections unconstitutional "viewpoint discrimination" because SORTA General Manager Paul Jablonski did not like the ad. Mr. Newman said SORTA must accept Local 1099's ad because it accepts all kinds of political, public service and public issue ads on the sides of its Metro buses.
The vinyl wraparound ad was to hit the road on a Metro bus in the Reds' 1997 opening day parade.
Mr. Jablonski rejected it. He said the ad was unsightly and would hurt SORTA's ability to attract riders.
SORTA and the union couldn't even agree on what the ad showed. Local 1099 said the $18,000 promotion shows dozens of members holding signs saying "UFCW Local 1099" and "Union Shop."
SORTA said it portrayed "a mob," some holding picket signs in a "solemn, if not angry, tone and intimidating" manner.
Local 1099 sued, and Mr. Newman accused SORTA of violating 1099's First Amendment rights.
U.S. District Judge Susan J. Dlott ordered SORTA to fulfill its contract and run the ad for the one-year life of the contract because Mr. Jablonski's objections were unreasonable.
Mr. Goehler counter-attacked:
He appealed Judge Dlott's decision to the 6th Circuit, saying it was shot full of errors.
He won a stay from the 6th Circuit, and SORTA does not have to run the ad before the case is resolved. The Associated Press contributed to this report.
