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City of Salmon Arm reverses policy on bus bench ads following Pro-Life complaints

Justice Centre for Constitutional Freedoms threatens legal challenge of policy
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The City of Salmon Arm told the Shuswap Pro-Live Society on June 20, 2022 it won91ÂãÁÄÊÓƵ™t be sticking with a relatively new 91ÂãÁÄÊÓƵ˜commercial advertising only91ÂãÁÄÊÓƵ™ policy on its transit bus benches. (File photo)

After a relatively brief change in policy, the City of Salmon Arm will once again be allowing non-commercial advertising on its bus benches.

Reverting to its previous policy was in response to complaints from the Shuswap Pro-Life Society and the Justice Centre for Constitutional Freedoms.

President of the society, Hildegard Krieg, wrote to council on April 18, 2022, stating that for the previous 14 years, the society had been advertising on the city91ÂãÁÄÊÓƵ™s transit benches 91ÂãÁÄÊÓƵœto promote public awareness of the sanctity of life.91ÂãÁÄÊÓƵ

On Dec. 31, 2021, the society was told by the city91ÂãÁÄÊÓƵ™s contractor that advertising on the bus benches was restricted to commercial advertising and, on April 2, 2022, the society91ÂãÁÄÊÓƵ™s advertising was removed, she wrote.

Krieg said it is not constitutional to prohibit non-commercial advertising on government-owned transit facilities.

The city responded that the limiting of advertising on city bus benches to commercial-only is being applied fairly and consistently and does not represent a radical frustration of the society91ÂãÁÄÊÓƵ™s right to expression, as there are many other ways to express the society91ÂãÁÄÊÓƵ™s message.

The Justice Centre for Constitutional Freedoms then wrote to the city on behalf of Krieg and the pro-life society, requesting that the city 91ÂãÁÄÊÓƵœcease interference with Ms. Krieg91ÂãÁÄÊÓƵ™s constitutional right to freedom of expression on City bus benches.91ÂãÁÄÊÓƵ

It said if the city refused, a court petition would be filed challenging the constitutionality of the city91ÂãÁÄÊÓƵ™s policy and decision. The centre also provided a couple of court cases supporting its argument.

On June 20, the city sent an email to the Justice Centre91ÂãÁÄÊÓƵ™s lawyer, stating it will not be enforcing the aspect of the Transit Bus Benches Advertising Agreement that requires advertising on the bus benches to be 91ÂãÁÄÊÓƵ˜commercial advertising.91ÂãÁÄÊÓƵ™

91ÂãÁÄÊÓƵœAs such, so long as the advertising otherwise meets the requirements of the Agreement and is approved by the contractor, the City will not refuse the advertising.91ÂãÁÄÊÓƵ

The Justice Centre for Constitutional Freedoms stated on its website that on June 21, 2022, the city accepted Krieg91ÂãÁÄÊÓƵ™s request to reinstate Shuswap Pro-Life Society91ÂãÁÄÊÓƵ™s advertisements.

The city told Black Press it would not be providing a statement on the issue.

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Martha Wickett

About the Author: Martha Wickett

came to Salmon Arm in May of 2004 to work at the Observer. I was looking for a change from the hustle and bustle of the Lower Mainland, where I had spent more than a decade working in community newspapers.
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