Free speech: It can be a circus

Leading up to this past weekend’s Ringling Bros. and Barnum &Bailey Circus in Everett, the Northwest Animal Rights Network designed a bus advertisement to protest the circus’ treatment of animals. In it, a shackled elephant hoof stands next to the words, “A day at the circus for your family. A lifetime of misery for them.”

The ad appeared on 20 King County Metro buses for the past four weeks. When NARN tried to purchase space for it on Snohomish County buses, they were turned down; meanwhile, those same buses were adorned with ads for the circus.

Community Transit rejected the ad because it violated an advertising policy that prohibits messages about social issues. Spokesman Martin Munguia defined a social matter as times when “there are at least two sides on the issue and it could engage in controversy.” Continued Munguia: “We didn’t want people to think that the transit agency was taking this position.”

Here’s where it gets murky — a private entity versus an advocacy group. Is Community Transit worried that people would think their agency was endorsing Ringling’s position?

A generation ago, this fuss would be unimaginable: A debate on a family mainstay such as the circus? Et tu, animal coddlers?

“That is a business offering an event,” Munguia said of the circus ads. If Ringling’s ad sought only to raise money to support circuses, with no specific event mentioned, “that might be seen as taking a position.”

The topic is divisive, as Community Transit acknowledges, and those who champion the use of such animals (and the attendant abuse of elephants) are as enthusiastic about their position as NARN demonstrators are about theirs.

The First Amendment stew is thick: In 2013, Community Transit rejected thousands of dollars in advertising revenue from Washington Ceasefire, a statewide nonprofit that advocates gun control. King County Metro didn’t see any problem and ran the ads.

The question echoes a 2010 standoff involving King County Metro and a proposal for 12 bus ads by an organization alleging Israeli war crimes. That spurred a counter-ad campaign proposal by a group alleging Palestinian war crimes. Citing disruption and security concerns, King County Executive Dow Constantine put the kibosh on both, temporarily halting all non-commercial advertising. The subsequent ad policy spelling out “substantial” controversy is something Community Transit should emulate. Yes, it’s subjective. But think of it as a teachable moment.

Community Transit works hard to meet its mission of serving the public transportation needs of Snohomish County and wisely steers from controversy. But saying “no” has unintended consequences.

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