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Board Policy No. 13 – Advertising, Concessions and Merchandising <br />Page 2 of 8 <br />Advertising on bus shelters, benches, and transit centers within the non-NCTD public rights-of- <br />way shall be governed by the then-current policies of the applicable jurisdiction. <br />Advertising – Permitted Content <br />In accordance with the revenue-generating purpose of this policy, the subject matter for all <br />advertising materials displayed on NCTD property shall be limited to Commercial Speech. <br />Commercial Speech is speech that: does no more than propose a commercial transaction; or is <br />an expression related solely to the economic interests of the speaker and its audience (e.g. <br />promotes for sale, lease or other financial benefit a product, service, event or other property <br />interest). Notwithstanding the above general rule requiring Commercial Speech, the following <br />content are allowed: <br />a. NCTD operations advertising that promotes NCTD transit services, programs or products, <br />including co-sponsorships with third parties that would increase ridership or otherwise <br />support NCTD’s mission. NCTD may promote public transportation options and/or routes <br />for public events or locations through scheduling media, NCTD websites, or other media <br />if such promotion is intended to increase ridership or otherwise support NCTD’s mission. <br />b. Advertisements from Local, State or Federal Governmental agencies or legally affiliated <br />entities regarding public programs, public services and public events that are not <br />otherwise prohibited under this Policy. <br />Advertising – Prohibited Content <br />No advertisement will be permitted that: <br />a. Expresses or advocates an opinion, position or viewpoint on matters of public debate <br />regarding economic, political, religious, social or moral issues; <br />b. Appears to make a personal attack on any individual or upon any company, product, or <br />institution; or falsely disparages any service or product or is defamatory in any respect; <br />c. Might be interpreted to be offensive to any religious, ethnic, racial, or political group; <br />d. Might be interpreted as condoning any type of criminal act or which might be considered <br />as derogatory toward any aspect of the law enforcement profession; <br />e. Portrays acts of violence, murder, sedition, terror, antisocial behavior, vandalism, or other <br />acts of violence against persons, animals or institutions; <br />f. Depicts nudity or portions of nudity prominently featured in the advertisement. The rule of <br />“public acceptance” should be used in such cases; i.e., if the advertisement has already <br />gained public acceptance, then it may be considered as acceptable to NCTD; <br />g. Contains or involves any material that describes, depicts, or represents sexual conduct or <br />activities including adult book stores, adult video stores, adult dance clubs, adult telephone <br />services, and adult internet sites;