King Co. sued over 'Israeli War Crimes' bus ads

A group that wanted to run ads critical of Israel on Metro Buses has sued King County, saying Executive Dow Constantine's decision to suspend non-commercial bus advertising following complaints about the anti-Israel ads violates the First Amendment.

The Seattle Mideast Awareness Campaign and the American Civil Liberties Union filed their challenge in U.S. District Court in Seattle on Wednesday. Late last month Constantine suspended non-commercial ads following complaints about the SMAC's planned campaign which included large ads that read, "Israeli War Crimes Your Tax Dollars At Work."

Constantine said such ads could introduce security concerns. County officials are working on a new advertising policy that they hope to have ready by the end of this month. King County Metro's current policy about bus advertising restricts messages about pornography, tobacco and alcohol and images and material that could threaten public safety.

In its lawsuit, SMAC said the county has long accepted ads containing non-commercial speech, including spots about the Mideast conflict between Israelis and Palestinians.

"Publication of these ads on its buses was also authorized by and consistent with Defendant King County's Advertising Policy. By virtue of this long and established practice and implementation of its Advertising Policy, Defendant King County's buses were a designated public forum."

In a statement, Constantine spokesman Frank Abe said the county welcomes the opportunity for a court to clarify advertising standards on buses.

"The county's job is to deliver essential services to the people of King County, including transit service. Metro sells advertising to raise revenues to provide that service. Metro's existing policy restricts advertising that can be reasonably foreseen to result in harm to, disruption of, or interference with the transportation system," Abe said in a statement. "The escalation of this issue from one of 12 local bus placards to a widespread and often vitriolic international response introduced a new and legitimate risk of harm to or disruption of the transit system for the public."