#99-01

A RESOLUTION OF THE PINELLAS SUNCOAST TRANSIT AUTHORITY BOARD OF THE DIRECTORS ADOPTING ADVERTISING STANDARDS FOR ADVERTISEMENTS PLACED ON THE EXTERIOR AND INTERIOR OF PINELLAS SUNCOAST TRANSIT AUTHORITY'S BUSES, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the PINELLAS SUNCOAST TRANSIT AUTHORITY (PSTA) Board of Directors desires to make it clear that the advertising space on the exterior and interior of PSTA's buses is intended to be considered a non-public fora;

WHEREAS, PSTA has entered into agreements with contractors to place advertisements on the exterior and interior of PSTA buses, for the purpose of creating revenue for PSTA; and

WHEREAS, PSTA has consistently restricted certain types of advertising; and

WHEREAS, PSTA Board of Directors does not wish to allow the advertising space on the exterior and interior of its buses to be a place for general discourse; and

WHEREAS, in order to maintain a position of neutrality on political, religious, and other non-commercial issues, and to prevent a reduction in income earned for selling advertising space by commercial advertisers, and so as to protect and increase revenue;

NOW, THEREFORE, the PSTA Board of Directors resolve that:

1. The above recitals are true and correct and incorporated herein as if set forth in full.
   
2. The Executive Director, or his designee, and PSTA's bus advertising contractor shall reject advertising that does not comply with the standards set forth in paragraphs 3 and 4.
   
3. The subject matter of all on-bus advertising shall be limited to speech which proposes solely a commercial transation. The advertisements must contain only expressions related to the economic interest of the advertiser and its audience. Non-commercial advertisements that add an offer to purchase some item containing a non-commercial message are not permitted pursuant to this policy.
   
4. The following standards for advertising on the exterior or interior of buses is hereby adopted and advertising copy may not be displayed which:
   
   1. Is false, misleading, libelous, or deceptive
   2. Relates to an illegal activity
   3. Is explicit sexual material, or obscene material, or material harmful to minors as these terms are defined in Chapter 847, Florida Statutes
   4. Advertises alcohol or tobacco products
   5. Depicts violence
   6. Includes language which is obscene, vulgar, profane, or scatological
   7. Promots a commercial transaction that is expressly prohibited by federal, state, or local law or regulations
   8. Presents a clear and present danger of causing riot, disorder, or other immediate threat to public safety, peace, or order
      
5. Any person, firm, or corporation who believes that he, she, or it is aggrieved by the failure or refusal of advertising material to be placed on any PSTA vehicles shall have the right to appeal such refusal to the Executive Director. Such decision shall be final and binding upon all parties. In determining whether the ads or proposed ads comply with this policy, the Executive Director shall make his determination based upon commonly used and understood English language definitions and inferences which can be drawn from the material in question.
   
6. This Resolution shall take effect immediately upon its passage and adoption.