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AIDS ACTION COMMITTEE OF MASSACHUSETTS v. MBTA

Civ. A. No. 93-12561-Z.

849 F.Supp. 79 (1993)

AIDS ACTION COMMITTEE OF MASSACHUSETTS, INC. v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY and Park Transit Displays, Inc.

United States District Court, D. Massachusetts.

Judgment Issued January 25, 1994.

Attorney(s) appearing for the Case

H. Reed Witherby, Smith, Duggan & Johnson, Sarah Wunsch, Mass. Civ. Liberties Union Foundation, Robert Greenwald, Boston, MA, for Aids Action Committee of Massachusetts, Inc., plaintiff.

James G. Reardon, Reardon & Reardon, Worcester, MA, Carol A. Buckley, Asst. General Counsel, Boston, MA, for Massachusetts Bay Transp. Authority.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

Plaintiff, Aids Action Committee of Massachusetts, Inc. ("AAC"), sought to run in subway and trolley cars a series of public service advertisements promoting the use of condoms to prevent the spread of the AIDS virus. The Massachusetts Bay Transportation Authority ("MBTA") and its advertising agent, Park Transit Displays, Inc. ("PTD"), refused to post the ads for various and, over time, variable reasons...

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