BY BEN L. KAUFMAN
The Cincinnati Enquirer
Marilyn Hyland lost a battle Tuesday in her campaign to use Metro bus ads to promote her candidacy for Hamilton County commissioner. U.S. District Judge Sandra S. Beckwith refused to order the Southwest Ohio Regional Transit Authority (SORTA) to carry Ms. Hyland's ads.
SORTA rejected Ms. Hyland's ads, saying signs linking candidates and issues were so controversial they would deter people from riding Metro buses.
Ms. Hyland sued, saying SORTA violated her 1st Amendment freedom of speech.
Judge Beckwith could issue the requested mandatory temporary restraining order (TRO) only if Ms. Hyland were likely to win her constitutional challenge.
However, the judge said that was unlikely because SORTA's aversion to controversy was "reasonable" enough.
SORTA was pleased with Tuesday's decision, said Sallie Hilvers, spokeswoman for the agency.
Ms. Hyland wasn't pleased, but she said she hoped Judge Beckwith would change her mind after hearing evidence that was not presented at the TRO hearing Monday. "This election is all about the issues." Ms. Hyland's sign shows her in a baseball uniform swinging a bat and lists her issues: "Broadway Commons, Stop E-check, Local Dollars for Local Jobs and Build Commuter Rail."
SORTA says it will carry ads urging people to vote for a candidate or signs urging people to support ballot issues -- but it would not carry one sign urging both.
Attorney Scott Greenwood was not "disheartened" by Tuesday's setback because it is almost impossible to win such an "extreme remedy" as a mandatory temporary restraining order.
Despite Judge Beckwith's conclusion that Ms. Hyland is "unlikely to succeed on the merits of this case," Mr. Greenwood will renew her challenge at 10 a.m. Thursday with a request for a preliminary injunction.
