Church challenges transit authority's removal, rejection of subway ads

By The Associated Press

01.13.02

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BOSTON — A church has sued the Massachusetts Bay Transportation Authority for removing a subway ad that criticized the celebration of Christmas and for refusing to let it post other ads.

The Church With the Good News sued Jan. 8 in Suffolk Superior Court seeking an injunction ordering the MBTA to sell the church ad space and requesting an order barring the agency from using "vague advertising policy" to pick and choose which ads it posts, said church attorney Harvey A. Schwartz.

"The MBTA has a long history of deciding what words would be harmful to its riders, and this is just one more example," Schwartz said.

The church's first ad, posted Dec. 15 in two downtown Boston subway stations, said early Christians didn't celebrate Christmas, "neither did they believe in lies about Santa Claus, flying reindeer, elves and drunken parties."

The agency agreed to run the ad after debate among its lawyers, MBTA spokesman Brian Pedro said last month.

"There was concern this may unfortunately disturb children," Pedro said. Lawyers relented after determining the ad "fell under freedom of religion."

According to the church, the MBTA only agreed to run the ad after the American Civil Liberties Union stepped in.

MBTA spokeswoman Lydia Rivera said Jan. 8 that the agency was unaware of the suit.

The agency defended its decision to remove the ad shortly after Christmas, saying the content of the Web site mentioned in the ad was changed to include language critical of other religions. A second ad was rejected, Rivera said.

The church, which has facilities in Boston and Ashburnham, listed the Web site www.prophet-andre.com on the poster.

"Satan set up Christmas so that he can make mockery of the truth," a message on the Web site said Jan.8. The site also said: "God has allowed you to live on his earth to come to know him and believe in his truth, but you spend your whole life living in sin and having fun."

Criticism of other religions was in "direct opposition" to the MBTA's policy, Rivera said. The agency offered to review its decision if the church would "soften up" the language on the Web site.

Schwartz said the content of the Web site changes weekly and most religions say other religions are not correct.

"It's not up to the MBTA to decide what's correct and what isn't," he said.

The MBTA has also been sued by an organization that promotes the legalization of marijuana for refusing to run its ads. That case is scheduled to go to trial next month.

Schwartz said the MBTA has lost at least three other cases because of its refusal to display certain advertisements.

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