Women’s Health Link, Inc. v. Fort Wayne Pub. Transp. Corp.

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Citilink, a municipal corporation that provides bus service in Fort Wayne, Indiana, has regulatory authority over advertisements inside the buses and on the buses’ exterior. Health Link, a nonprofit corporation, provides women’s healthcare and wanted to post an advertisement. Citilink refused because it forbids public service ads that “express or advocate opinions or positions upon political, religious, or moral issues.” Although the proposed ad did not express or advocate any such opinion or position, Citilink discovered that Health Link is pro‐life and suggests (not in the ad) that women with unplanned or crisis pregnancies consider health care and related services that provide alternatives to abortion. Even Health Link’s home page does not indicate its position. The ad referred to “life affirming healthcare.” Health Link and Allen County Right to Life share a street address. The Seventh Circuit reversed judgment in favor of Citilink. Once a government entity has created a facility (the ad spaces in and on the buses) for communicative activity, it “must respect the lawful boundaries it has itself set.” Citilink’s refusal to post the ad was groundless discrimination against constitutionally protected speech. View "Women's Health Link, Inc. v. Fort Wayne Pub. Transp. Corp." on Justia Law