DEFENSE OF MBTA'S AD POLICY IS COSTLY

In one of the tightest fiscal times in recent transit history, the MBTA has
spent at least $820,000 over the last three years on legal fees to revamp
and defend its advertising policy, according to authority officials, and
that total is expected to rise past the $1 million mark as at least two of
the advertising cases are appealed.

A federal judge last week dismissed a church's lawsuit against the
Massachusetts Bay Transportation Authority over the removal of subway ads
that criticized the celebration of Christmas.

An MBTA spokesman said yesterday the agency will try to recoup some legal
fees from the Church With the Good News case after US District Court Judge
Robert E. Keeton ruled in the T's favor.

Another lawsuit, brought by the advocacy group Climate Change, concerned a
series of ads promoting the reform of marijuana laws. "We're very pleased
that the court has validated the MBTA's position, which is basically that
people -- especially kids -- are a captive audience on our system, and
advertisers should not be allowed . . . to encourage illegal behavior or
degrade groups or individuals," the agency's general manager, Michael H.
Mulhern, said of the two cases.

The money that went into defending the T's ad policy was money well spent,
Mulhern said, adding that the figure was less than 1 percent of the $86
million the T receives for subway and bus ads as part of a five-year
contract. The costs come as the T faces tough fiscal times, with fare
revenue dropping every month for more than a year and a fare increase
scheduled for January.

Sarah R. Wunsch, a staff attorney for the American Civil Liberties Union of
Massachusetts, who represents Change the Climate and the Church With the
Good News, said, "What's really going on here is the T acting as censor to
protect the riding public from things the T thinks are offensive."

She said the ACLUM would appeal both rulings