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. Plaintiff ultimately brought this action under
42 U.S.C. § 1983 (1993) for declaratory and injunctive relief, alleging violations of the First and Fourteenth Amendments.
It moved for a preliminary injunction, but at the hearing thereon all parties stipulated that the Court could decide the matter on the merits based on the existing record.