American Freedom Defense Initiative et al v. Suburban Mobility Authority For Regional Transportation (SMART) et al

Filing 58

MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1--Declaration of Robert Spencer, # 3 Exhibit 2--Declaration of Pamela Geller, # 4 Exhibit 3--Declaration of Robert J. Muise, # 5 Exhibit 4--SMART deposition excerpts, # 6 Exhibit 5--SMART deposition exhibits, # 7 Exhibit 6--Beth Gibbons deposition excerpts, # 8 Exhibit 7--Pamela Geller deposition excerpts, # 9 Exhibit 8--Pamela Geller deposition exhibits, # 10 Exhibit 9--Elizabeth Dryden deposition excerpts) (Muise, Robert)

EXHIBIT 5

*
I Ct1~X~~IT /
I':G $-)(-1]
DEPOSITION

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
AMERICAN FREEDOM
INITIATIVE; et al..

DEFENSE

Plaintiffs,

v.
SUBURBAN MOBILITY AUTHORITY
for REGIONAL TRANSPORTATION
("SMART"), et al.,
Defendants.
AMERICAN FREEDOM LAW CENTER
Robert J. Muise, Esq. (P62849)
P.O. Box 131098
Ann Arbor, Michigan 48 I 13
rmuise0Jamericanfreedomlawcenter.org
[phone]
David Yerushalmi, Esq. (Ariz. Bar No.
009616; DC Bar No. 978179; Cal. Bar No.
1320 II; NY Bar No. 4632568)
190 I Pennsylvania Avenue NW
Suite 201
Washington, D.C. 20006
david.yerusha1mi(iiJ,verizon.net
[phone]
Counsel for Plaintiffs
THOMAS MORE LAW CENTER
Erin Mersino, Esq. (P70866)
24 Frank Lloyd Wright Dr.
P.O. Box 393
Ann Arbor, MI 48 I06
emersino0Jthomasmore.org
[phone]
Counsel/or Plaintiffs

2: 10-cv-12134-DPH-MJH

PLAINTIFFS' RE-NOTICE OF
RULE 30(b)(6) DEPOSITION
DIRECTED TO DEFENDANT
SMART
Hon. Denise Page Hood
Magistrate Judge Hluchaniuk

SMART
Avery E. Gordon, Esq. (P41194)
Anthony Chubb, Esq. (P72608)
535 Griswold Street, Suite 600
Detroit, MI 48226
agordonlalsmartbus.org
[e-mail]
[phone]
Fax: [phone]
Co-Counselfor Defendants
VANDEVEER GARZIA, P.c.
John J. Lynch (PI6887)
Christian E. Hildebrandt (P46989)
1450 W. Long Lake Road, Suite 100
Troy, MI 48098
jlynchlalvgpclaw.com
childebrandt@.vgpclaw.com
[phone]
Fax: (80 I) 760-390 I
Co-Counsel for Defendants

PLEASE TAKE NOTICE that pursuant to Rule 30(b)(6) of the Federal Rules of Civil
Procedure, Plaintiffs will take the deposition upon oral examination of Defendant Suburban

Mobility Authority for Regional Transportation ("SMART") on Tuesday, May 21, 2013, at

10:00 a.m., before an officer authorized to administer oaths at Atrium One Office Center, 900
Victors Way, Suite 135, Ann Arbor, Michigan 48108. Said deposition(s) will be recorded by
stenographic and/or audiovisual (video) means and will continue until adjourned.

This

examination(s) will be subject to further continuance from time to time and place to place until
completed.
SMART has designated Anthony Chubb as the person who consents to testify on its
behalf as to the following matters:
I.

The facts and circumstances relating to Defendants' rejection of Plaintiffs'

advertisement, which is the subject of this litigation.
2.

The facts and circumstances relating to Defendants' acceptance of the

advertisement identified in Exhibit G to the Pamela Geller declaration filed in support of
Plaintiffs' motion for preliminary injunction.
3.

The facts and circumstances relating to the creation, adoption, and application of

SMART's policy and/or procedure that was/were applied to reject Plaintiffs' advertisement,
which is the subject of this litigation.
4.

The facts and circumstances relating to all advertisements accepted and/or

rejected under SMART's policy and/or procedure that was/were applied to reject Plaintiffs'
advertisement, which is the subject of this litigation.
5.

The facts and circumstances relating to Defendants' policies and/or procedures to

accept or reject advertisements on SMART buses in general and in the particular cases
referenced in this litigation and in documents produced by Defendants during discovery.

2

6.

The facts and circumstances related to the revenue generated by SMART's

advertising policies and/or procedures, including revenue generated by the application of the
policy and/or procedure that waslwere applied to reject Plaintiffs' advellisement, which is the
subject of this litigation.
You are invited to attend and cross-examine the witness(es).
Respectfully submitted,
AMERICAN FREEDOM LA W CENTER
/s/ Robert J. Muise
Robert J. Muise, Esq.

Is/ David Yerushalmi
David Yerushalmi, Esq.
THOMAS MORE LAW CENTER
/s/ Erin Mersino
Erin Mersino, Esq.
Counsel for Plaintiffs

3

CERTIFICATE OF SERVICE
[ hereby certify that on May 10, 2013, a copy of the foregoing was emailed to all parties
of record by written agreement of counsel.

/s/ Robert J. Muise
Robert 1. Muise, Esq.

4

,
Gibbons, Beth
From:
Sent:
To:
Cc:
Subject:
Attachments:

Hawkins, Robert B [[e-mail]]
Thursday, May 13, 2010 11:43AM
Gibbons, Beth
Carroll, Tom F
FW: Leaving Islam
leavingislam2.jpg

Importance:

High

Beth,
Is this a bus king ad that SMART would approve?
Robert B. Hawkins
Sales Manager, Displays Division
CBS Outdoor
88 Custer Ave.
Detroit, MI 48202
[phone] (ph) I [phone] (fax)

1

#

Case 2:10-cv-12134-DPH-MJH Document 12-2

Filed 07/02/10 Page 1 of 6

Exhibit A

Case 2:10-cv-12134·DPH-MJH Document 12-2

Filed 07/02/10 Page 2 of 6

$UBURBAN MOBILITY AUTHORITY
FOR

REGIONAL TRANSPORTATION

REQUEST FOR PROPOSALS
BUS ADVERTISING
I

Prepared by:

SMART
Oakland Procurement Office
2021 Barrett Dr.
Troy, MI 48084
Return to Attention of:

L. Paul Jacques, Senior Purchasing Agent

RFP Control Number: 08-2023
RFP Due Date: 2:00 PM ET, NOVEMBER 6,2008
VENDOR NAME:

REPRESENTATIVE NAME:
STREET ADDRJJSS:

_

------------~

CITY, STATE, ZIP:
PHONE:
EMAIL'

FAX

_

Case 2:10-cv-12134-DPH-MJH Document 12-2

Filed 07/02/10 Page 3 of 6
STATE\1ENT OF WORK

c.

Advertising Contract List by Type - Includes a list of contracts by type, e.g. tails, queens, kings,
shelters, etc., for the previous month.

d.

All monthly reports shall be provided to SMART electronically within fifteen (I 5) days after the
end of each month.

e.

Other reports as determined by SMART

2.

Quarterly

a.

Advertising Revenue Report- Contractor shall provide a quarterly statement of advertising rates and
sales in conformance with Contract requirements and dates when the advertising expires.

b.

Quarterly reports shall be provided to SMART electronically within fifteen (15) days afler the end
of each quarter.

c.

Other reports as determined by SMART.

3.

Annual

a.

A reconciliation of SMART's share of net advertising revenue for the past fiscal year ended June

30.
b.

Annual report shall be provided to SMART electronically within fifteen (15) days after June 30.

c.

Other reports as determined by 'SMART.

The Contractor must maintain a record of all interior and exterior advertising posted and removed by bus
number, which SMART can review upon request.
In addition to the requirements stated in Section 2.34, SMART reserves the right to audit backup
documentation from which the reports are derived using its own staff or a contracted auditing firm.
The Contractor will be required to attend quarterly meetings - or as determined necessary by SMART - with
designated SMART personnel to review reports and program status.
13.

Records

a.
b.

Copies of all iuvoiccs sent to advertisers. Invoice copies shall be provided within fifteeu (15) days of the
last day of the month when the invoice was sent.

c.

5.07

Copies of all executed advertising contracts entered into with advertisers shall be provided to SMART
within twenty (20) days of the date of execution.

In addition to tbe requirements stated in Section 2.34, SMART reserves the right to audit the
Contractor's records at any time during the term of the Contract and for six years thereafter. Contractor
must retain all records relating to this Contract for at least six years after the expiration of the Contract.

Advertising Guidelines
A.

Rate Card
Contractor shall develop a Rate Card which establishes a schedule of rates at which advel11Sing space will
be sold. The Rate Card shall be forwarded to SMART within 30 days of the award, quat1erly, and 30 days
prior to any changes to the rates throughout the course of this Contract.

B.

Restriction on Content

In order to minimize chances of abuse, the appearance of favoritism, and the risk of imposing upon, a
captive audience, Offeror shall not allow the following content:
1.
2.
3.
4.

5.

Political or political campaign advertising.
Advertising promoting the sale ofalcohol or tobacco.
Advertising that is false, misleading, or deceptive.
Advertising that is clearly defamatory or likely to hold up to scorn or ridicule any persoll or group of
persons.
Advertising that is obscene or pornographic; or in advocacy of imminent lawlessness or unlawful
violent action.
40

Case 2:10-cv-12134-DPH-MJH Document 12-2

Filed 07/02/10 Page 4 of 6
STATEMENT OF WORK

C.

Review of Advertising Content

Before displaying any advertising, exhibit material, or announcement which Contractor believes may be in
violation of Section 5.07.B, "Restriction on Content," Contractor shall first submit the material to SMART
for review. SMART sball make the final detennination as to all violations of Section 5.07.B.
D.

Changes in Authorized Advertising
It is mutually acknowledged and understood that advertising and the grant of advertising rights provided for
herein are only incidental to SMART's transportation business, wbicb may undergo changcs affecting thc
advertising rights granted herein. SMART accordingly shall have no liability to Contractor for any change

in its routes or in the number of transit vehicles operated by it or ridership or for any other change in its
busincss activities which may affect the level or scope of advertising authorized by SMART. SMART shall
give the Contractor a minimum ofnincty (90) days' notification if policy decisions regarding advertising are

to be made. Contractor agrees that any and all contracts it enters into with advertisers shall contain a clause
pClmitting cancellation without penalty, except for prorating of fee, upon sixty (60) days' notice.
E.

Reasonable Proof

Reasonable proof or clarification of statement contained in any advertisement, exhibit material or
annotUlCemcnt may be required by SMART as a condition of use or continued use ofadvCliising space.
F.

lnunediate Removal
Contractor shall illUnediately remove, at Contractor's sole expense, upon written demand of SMART or its

authorized representative, a display, sign, poster or any other advertising material, including advertising
content, which does not meet with SMART's approval. In the event that such matter is not removed within
three working days of receipt oflhe written demand, SMART or its authorized representative may remove
said materials or display and Contractor shall pay any costs incurred by such action. S:MART or its
authorized representative shall not in any way be held responsible or liable for any damage to the buses or
materials so removed by SMART.

5.0B

Maintenance Guidelines

A.

Contractor Access to Buses
a.

The Contractor shall have reasonable access to bnses and facilities listed at 5. 08 (b) for the PUll'0SC of
carrying out this Contract. Such aCcess shall be during tbe non-peak service hours of each facility which
are:

•

•

8

•

b.

10 p.m. to 2 a.lIl., Monday through Friday

6 p.lIl. to midnight, SundayiHolidays

a.l11.

to 4:30 p.m., Satw'day

Tenninal Locations
•
•

SMART Oakland Terminal, 2021 Barrett St., Troy, MI48084

•

c.

SMART Macomb Terminal, 22900 Fifteen Mile Rd., Clinton Township, Ml 48035

SMART Wayne Terminal, 30000 Indnstrial Drive,Inkster, Ml48l41

The facilities shall have no obligation to provide access beyond the times stated to facilitate the
Contr"cror. The Contractor shall pay for any labor costs incurred by SMART as a result of any

agreement to provide access beyond the times stated..
d.

The Contractor must sign in with the maintenance foreman or other designated person prior to servicing
bus advertisements and otherwise comply with all access requirements of each facility. Contractor's
personnel must display identification while on SMART property.

e.

All work must be approved by the Maintenance Foreman prior to leaving the facility.

f.

Contractor will not interfere with the normal operation of SMART facilities, equipment, or the work of
any contractors or subcontractors on SMART property. Prior approval for any potential interference
must be submitted to SMART Marketing Program Manager 48 hours in advance. Contractor will be

notified of approval or denial of request. Standard procedure shaH be that contractor gives the SMART
41

DPH-MJH Document 12-2

Filed 07/02/10 Page 5 of 6

Response to

Suburban Mobility
Authority for Regional
Transportation
Request for Proposal
Number: 08·2023
Bus Advertising
TECHNICAL PROPOSAL

November 2008

~CBS
OUTDOOR

Case 2:1 0-cv-12134-DPH-MJH Document 12-2

•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

D

•
•
•
•

Filed 07/02/10 Page 6 of 6

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2:10-cv-12134-DPH-MJH

Doc # 8-9 Filed 06/17/10 Pg 1 of 2

EXHIBIT G

Pg ID 86

2:10-cv-12134-DPH-MJH Doc # 8-9 Filed 06/17110 Pg 2 of 2

Pg ID 87

SMART - Policies and Regulations

RideSMART

I

New. & Infn

I

Contact SMART

Page 1 of3

I

SMART Busmess

I

SMART Employment

I

-

SMART Business
Advertise with SMART
How To Become A Vendor

POLICIES AND REGULATIONS

Vendor FAQ
Policies and Regulations
Circular 4220 1E
Slate Law
Board Policy
Protesl [Jrocedures

Fi.eqUIJed Clauses
Affirmative Action Statement
DBE Statement
Contact SMART Procurement
Of1ice of DGEA.T:O
Title VI Policy

SMART was created through legislation, Public Act 204, enacted by the Michigan
Legislature and signed into law by the Governor in 1974. SMART receives funding
from the federal government, via the Federal Transit Administration, the State of
Michigan, via the Department of Transportation, and the counties of Macomb,
Oakland and Wayne. As a public agency and because of the multiple funding
sources, SMART is governed by all of these same entities.
The procurement function at SMART must comply with FTA Circular 4220 1F,
State law, Section 17 of PA 204, as amended, and policy as set forth by SMART's
Board of Directors in Board Policy Number 1, Contracting Policy. These governing
documents are provided for your reference.

Go\,SIc Translate

The General Counsel of the Authority shall review all contracts of the Authority to
assure their sufficiency as to form, compliance with laws and regulations, terms of
applicable grant contracts, and to otherwise protect the best interest of the
I~ l~2cJ!I< j
Gadgets powered by Authority. The Manager of Procurement is responsible to the General Manager for
- --Ooogle ensuring compliance with all of the requirements set forth in these governing
For best results, please use
documents. All of the requirements do not apply to each solicitation issued by the
Internet Explorer 6 or later
Procurement Department. In addition, the requirements of each document differ in
versions.
many respects.
Select Language

The professional staff in SMART's Procurement Department is responsible for
knowing which reqUirements apply and for reconciling any conflict among the
multiple requirements. Refer to the Contact Listing for the Procurement
Department should you wish to speak to someone regarding policies and
reguiations.

PROTEST PROCEDURES
Interested Parties that believe they have been aggrieved by a solicitation or the
award of any resulting contract may file a written notice of protest with the General
Manager of SMART and shall serve the copies upon the General Counsel. The
General Manager or his designee shall hear and determine the merits of said
protest, and shall advise all competitors that a protest has been filed. The General
Manager may receive evidence and legal arguments from any interested party, but
shall not be bound by the rules of evidence nor formal procedure. Unless
otherwise directed by the General Manager, issues will be judged on the basis of
written evidence and written arguments. All documents received by the General
Manager shall be stamped with the date and time received and logged into the
protest file folder. The General Manager shall promptly issue his findings and
conclusions to the protesting party, and shall advise the Board of Directors and
other interested parties.
Issues addressing the adequacy of Proposals or requests for Proposals, including
without limitation the pre-award procedure, the instructions, general conditions and
specifications and scope of work must be received by the General Manager no
later than eight (8) calendar days prior to the time set for receipt of Proposals.
Thereafter, such issues are deemed waived by all interested parties. When the
General Manager decides that a protest lacks merit, all interested parties shall be
so advised, in writing, and the evaluation and award process will continue. Notice
of decision is served upon all interested parties by certified mail.

http://www.smartbus.org/SmartiS MART+ B usiness/PoIicies+and+Regu lationsl

6114/2010

SMART-

http://www.smartbus.org/Smartlmk!g/advertise.aspx

ADVERTISE WITH SMART

C(x)gic Translate
Select Language

Bus Exteriors, Interiors & Shelters

Gadgets powered by
---

.

. .

. .

.

Google CBS Outdoor IS SMART's official Bus and Shelter Advertising agency and brrngs

For best results please use
Internet Explore'r 6 or later
versions.

with them immense experience in transit advertising as well as a great knowledge of
the Detroit transit market.
With SMART's fleet consisting of more than 380 buses and over 70 shelters, you
can drive your message deep into the communities you want to reach. Saturate
Southeast Michigan with transit and shelter advertising through SMART.
Contact:
Robert B. Hawkins
Sales Manager, Displays Division
CBS Outdoor
88 Custer Ave.
Detroit, MI 48202

[phone] (ph)
[phone] (fax)

Advertising Guidelines
As a governmental agency that receives state and federal funds, SMART is
mandated to comply with federal and state laws. First Amendment free speech
rights require that SMART not censor free speech and because of that, SMART
is required to provide equal access to advertising on our vehicles.
To comply with these requirements, SMART has in place advertising guidelines for
which all advertisements are reviewed against. Any such advertising which does
not violate the SMART advertising guidelines or the law must be posted.
Advertising posted on SMART property does not always reflect the views or
opinions of SMART, its employees or riders.
©Copyright SMART All Rights Reserved.

1 of I

6114/20102:43 PM

5120/13

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212

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ADVERTISER AGREEMENT
CONTRACT NO.:

~CBS
OUTDOOR

SALESPEJt,';ON:

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LEGAL &. TERMS OF USE

DEPOSITION
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1/1

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Print tills page

Michigan: "Status 88'0/' CafTllaign Hits Bus Stops in Pontiac, Detroit, WashtenawCounty- TheBody.com

• Back to Web version ofarticlc

PREVENTION/EPIDEMIOLOGY

Michigan: "Status Sexy" Campaign Hits Bus Stops in Pontiac,
Detroit, Washtenaw County
May 23, 2012
The "Status Sexy" campaign uses images ofattraetive, shirtless men to eonvey its message encouraging men who
have sex with men to be tested fur HIV.
Bus stop ads are nmning in Pontiac and Detroit. The Ann Arbor Transit Authority recently approved the ads for
placement in its buses. Advocates see this as a victory since last year, when the campaign was introduced,
AATA first approved and then rejected the ads, describing them as "inappropriate."
''Fear, homophobia, racism, and a top-down mentality are factors that we feel enable tills epidemic, so we won't
allow those factors to guide this campaign" said Will Bowen, corrnmmity mobi1ization project associate with
AIDS Partnership Michigan (APM). ''Everyone is allowed to have an opinion, but the opinions ofour community
are the ones that matter. We didn't set out to make everyone happy. We're fighting AIDS." Campaign planners
spent eight months gathering community input on the concept, which was carried out by the local creative
boutique AndSoSheWrote.
Campaign partner testing sites include the mV/AlDS Resource Center, Washtenaw County Heahh Department,
Detroit Commlullty Heahh Connection, Detroit Heahh and Wellness Promotion, EMU Wellness Center,
Horizon's Project, Access, Teen Heahh Center, APM and APM Pontiac. Areas targeted were based on data
from CDC and the Michigan Department ofCommunity Heahh.
For more information, visit www.statussexy.com
Back to other news fur May 2012
Excerptedfrom:
Between the Lines (Livonia)
04.26.2012; Crystal Proxmire

This article was provided by U.S. Centers for Disease Control and Prevention. It is a part ofthe publication
CDC HIVIHepatitislSTDITB Prevention News Update. You can find this article online by typing this address

into your Web browser:
lNJNoI.thebody.com'contenU672901michigan-status-seX'y'-hits-bus-stops-in-pontiac-det.html?ts=pf

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5120/13

Michigan: "Status Se~' Campaign Hits Bus Stops in Pontiac, Detroit, WashtenawCounty- TheBody.com

,http:/;www.thebody.comlcontent/67290/michigan-status-sexy-hits-bus-stops-in-pontiac-det.html
General Disclaimer: TheBody.com is designed fur educational purposes only and is not engaged in rendering
medical advice or professional services. The information provided through TheBody.com should not be used for
diagnosing or treating a health problem or a disease. It is not a substitute for professional care. Ifyou have or
suspect you may have a health problem, consult your health care provider.

l/WoMI.thebocly.com'contentl67290/michigan~status-sexy-hits-bus-stops-in

-pontiac-det.html?ts=pf

212

~

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DEPOSITION

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2751 E Jefferson Ave Ste 301 Detroit MI48207

FOR IMMEDIATE RELEASE: October 1,2012
PRESS CONTACT: HANK MILLBOURNE 313-446-981 [e-mail]

TESTING TOGETHER..,. COUPLES HIV TESTING AND COUNSELING
AIDS Partnership Michigan (APM) is excited to announce TESTING TOGETHER, a ground breaking
new HIV testing and counseling service for male couples/sexual partners. Officially known as Couples
Voluntary Counseling and Testing (CVCT), TESTING TOGETHER provides an opportunity for male
couples/sexual partners to get tested for HIV together and receive their results together in a safe, neutral
environment in a way that affirms their relationship and allows for open discussion about safer sex.
Testing together and receiving your results together can start an ongoing healthy conversation between
partners about mv in their relationship, and allow them to talk openly about building a risk reduction
plan together. Trained counselors help the couple through discussions about not only their HIV test
results but assist the couple in developing skills for addressing issues around HIV and having continued
dialogue about sex within the context of their relationship.
CVCT was first developed more than 20 years ago and utilized with heterosexual couples in Africa and
found to reduce HIV transmission by more than 50%. The intervention was adapted for use with male
same-sex couples by Emory University researchers, Patrick Sullivan and Rob Stephenson. Focus groups
and clinical trials were conducted in Atlanta and Chicago to refine the adaptation of the intervention. HIV
test counselors are or have been trained in Atlanta, Chicago, New York, Washington, D.C., Philadelphia,
Seattle, San Francisco, Los Angeles, San Diego and now Detroit.
"There are two trends fueling Testing Together. One, the number of gay Americans telling the U.S.
Census they're living with same-sex partners nearly doubled in the past decade, to about 650,000 couples.
About half those of same-sex partnerships are men who have sex with men (MSM). Additionally, recent
research conducted by the Centers for Disease Control suggests that up to 68 percent of new HIV
infections in MSM come from a main sex partner, not from casual sex, in part because main sex partners
are more likely to forgo condoms" notes Hank Millbourne, APM's Associate Executive Director.
"Furthermore there are few interventions or vehicles that affirm male same-sex relationships, Testing
Together does that in a very honest and open way."
Couples/sexual partners will be screened separately to determine their eligibility for the service and if
eligible will be given a short survey about their relationship. They will then meet with a counselor,
discuss risk factors and get tested together. When the results are ready in about fifteen (15) minutes, the
counselor will provide them to the couple together. APM is currently the only agency in Michigan with
counselors trained to provide this service. The service will officially launch at four APM HIV test sites
(APM Main Office -Detroit, APM Pontiac Office, Affirmations Community Center and the Ruth Ellis
Center) , beginning October 1,2012 and will be by appointment only initially.
For more information on TESTING TOGETHER or to schedule an appointment, contact Clarence
Peeples at APM's Main Office at 313-446-9820 or the Michigan HIV/AIDS/ STD Hotline at 1-800-872AIDS (2437).

ADVERTISER AGREEMENT
0652503

PAGE10F3

.CBS

SALESPERSON: Robert B. Hawkins (690)

CBS Outdoor
~~terAve.
it. MI48202

Copy lJUlslmeet Production fpecUiClltions and be received 10 worldng days prior /0 each aoerlishlg period.
TInS AGREEMENT AND THE COPY TO BE DISPLAYEO HEREUNDER IS SUBJECT TO THE APPROVAL OF CBS OUTDOOR'S
MARKET GENERAL MANAGER AND THE OWNER OF THE LOCATION AS APPUCABLE

CONTRACT NO,:

DATE: 09103/09

ADVERTISER: Greater Detroit Area Health Council

OUTDOOR

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made a part hereof. "ADVERTISER/AGENCY" hereby contracts wich CBS Outdoor ("Company") I'or the installation and maintenance of adven\sing
Cop)' ("Copy") on the outdoor advertising display(s) described below, commencing approximately on the commencement date of the Advertising Period
listed below. Advertiser/Agency shall provide the Copy in the form and type specified by Compaoy.
See ProcJuction Information Addendum page Cor shlppiq quantilles and addresses.

Greater Detroit Area

Health CoUl1Cfl
333 W. Fan St.
Suite 1230
Detroit. MI4S226

313-963-4990
Attn: Renee Turner-Bailey
Market
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Mec6aI1.ocation(o\
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Size
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100

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r.w

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s1.000,00

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Inlerior Cards will post out of the Wayne Tenninal.
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AGREEMENT CONSISTS OF' THIS PAGE" THE PRODUCTION INFORMATION ADDENOOM PAGE, AND THE CBS OUTDOOR TERMS AND CONDmONS 0' ADVERTISmG SERVICE .INCORPORATED HEREIN.

ALL OF WHICH AD'VEIn'ISERIAGHNCY HEREBY ACKNOWLEDGIS RECEIVING AND APPROVING. ANY MlSSING PAGES OF THIS AGREEMENT MAY BE OBTAINED OR REQ1JESTED THROUGH ANY CBS
OUTDOOR OPFJCE OR REPRESENTATIVE IF LOST OR NOT RECEIVED BY ADVER'l1SERIAGENCY. FACSIMILE SIGNATURES SHALL HAVE THE SAME FORCE AND ltFJl'!CT AS ORIGINAL SIGNATURES.
THlS AGREEMENT MAY BE EXECUTED IN SEVERAL COUNTERPARTS, EACH OF WHICH SHALL CONSTl'IUI'E ONE AND THE SAME COPY. AGENCY AND/OR THE SIGNATORY HERETO REPRESENTS AND
WARRANTS THAT 'I1IEY ARE AUTHORlZED TO EXECUTE THE SAME ON BEHALF OF AND BIND THE ADVEllTJSER AND THAT THE ADVRR11SER APPROVES SAME.

ACCEPTED AND AGREED TO BY , CBS OUTDOOR"
BY

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•

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AUTHORIZED SIGNATURE. TITLE

NAME. TITLE

DATE

_

ADVEBTlSER·AGREEMENT
.

PAGEIOF5

.

CONTRACF NO.: 1141464

.CBS
OUTDOOR

DATE: 02lO2I12

ADVEKIISER: 0lIkI$Id CouotyHealtll DivisioDIWICIWIC2011
SALESPERSON: _ B . Hawkm. (690)

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PAGE 2 01-' 5

CONTRACT NO., 1080507

~CBS

DATE:

10/19111

ADVERTISER: Traffic Safety Assoc. of Macomb County
Client Supplies Production: NQ

OUTDOOR

SALESPERSON, Karcn Jones (068)

CBS OUldoor
88 Custer Ave.

CtJpy must mttl PrtxlueJiDn specljKooN' and Ju receiJltd 10 working days prior 10 each advertising period.
THfS AGREEMENT AND mE COPY TO BE DISPLAYED HEREUNDER IS SUBJECT TO THE APPROVAL OF CBS OUTDOOR'S
MARKET GENERAL 'MANAGER AND THE OWNER OF THE LOCATION AS APPLICABLE

Detroit. MI 48202
(313) 872·6030
(313) 872·8066

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made a

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advertising display(s) described below, C:Orntneocing approximalely on the commencement: date of the Advertising Period listed below. Ad\'crtiser/Agcncy shall
provide the Copy in the form and l)'pe specified by Company.
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32100 UtiCa Road
Fraser. MI 48026
586·293·5880
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ADVERTISER AGREEMENT
CONTRACfNO.:

~CBS

ADVER1ISER: Kaiser

SALESPERSON:

OUTDOOR
CBS Outdoor

PAGE 1 OF3

1357438

DATE: 01125/13

Family Foundation/Ald.
aient Supplies Production:

Thomas F. Carroll (043)

Yes

Copy mustmu/1'wHIJJctUm ~tmdberecdmi 10~d4ysp_to
each tuhwdslngperWd.
TIllS AGREEMENT AND mE COPY TO BE DISPLAYED HEREUNDER IS SUBJECT TO mE APPROVAL OF CBS OUTDOOR'S
MARKET GENERAL MANAGER AND THE OWNER OF THE LOCATION AS APPLICABLE

88 Custer Ave.
Detroit, W 48202
Phone [phone]
Fax [phone]

Subject to the terms ofthe Production I:nformation Addendum Page and the CBS Outdoor Terms and Conditions of Advertising Service each attached hereto and
made a part hereof, "ADVERTISER/AGENCY" hereby contracts with CBS Outdoor ("Company") for the display of advertising Copy ("Copy") on the outdoor
advertising display(s) described below, commencing approximately on the commeocement date of the Advertising Period listed below. Advertiser/Agency shall
provide the Copy in the form and type specified by Company.
See Production Information .AddeDdum page for shipping quantities and addresses.

ADVERTISER
Kaiser Family Foundation
1330 G Street, NW
Washington, DC 20005
202.347.5270
Attn: Sarah Levine

Modi-'

Marlcet

f,l

!Detroit, MI Bus

Bus Shelters

Sa.
68.25"bx47.25"w

Detroit, Jill Bus

Bus Shelters

68.25"hx47.2S"w

GRP/
EO! 18+
SPECIAL
SPECIAL

Advertising

No. of

Periods

Period

Units

•

Period Cost

1061O4112~0710 1/12

1.00

W

$5,250.00

06/04/12-07/01112

7

1.00

4W

$0.00

GuarBonus

Special_ODS:

Net Agreement Total:

$5,250.00

THIS AGREEMENT IS NON-CANCELABLE BY ADVEIlTISERIAGENCY EXCEPT AS SET FORTH IN THE TERMS AND CONDmONSATTACHED HERETO WITH RESPECT TO TRANSIT DISPL4.YS ONLY. THIS
AGIlEEMENT CONSISTS OF THIS PAGE. THE PRODUCl'ION INPORMADON ADDENDUM PAGE, AND THE CBS OUTDOOR TERMS AND CONDmONS OF ADVERTISING SERVICE INCORPORATED HEREIN.
ALLOFWBlCB ADVEIlTISERIAGDfCY HEREBY ACKNOWLEDGES RECDVING AND APPROVING. ANY MISSING PAGES OF THIS AGREEMENT MAYBE OBTAINED OR REQUESTED THROUGH ANY CBS

OVTDOOR OFFICE ORltEPRESENTATIVE D' LOST OR NOT RECEIVED BY ADVER.11SERlAGENCY. FACSIMILE SJGNATtIRES SHALL HAVE THE SAME FORCE AND EF'PECT AS ORIGINAL SIGNATURES.
THIS AGREEMENT MAYBE EXECUTED IN SEVERAL COUNTERPARTS, EACH OF wmca SHALL CONS1'l'l1JTE ONE AND THE SAME COrY, AGENCY ANDfOR THE SlGNATORYBERETO REPRESENTS AND
WARRANTS THAT THEY ARE AQTBORIZED TO EXECUTE THE SAME ON BEHALF OF AND BIND THE ADVERTISER AND THAT THE ADVERTISER ARROWS SAME.

ACCEPTED AND AGREED TO BY - CBS OUTDOOR

ADVERTISER/AGENCY

-,========

_

AUTHOIUZEO SIGNATURE - TITLE

BY

DATE

_

DATE

PLEASE PRll\lT

_

NAME-TITLE

• Period Codes: M=MonthIy; W=Wee1dy; 4W=4 Weeks; D=Dai1y; OT=Ooe Time TF=Till Forbid

~

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DEPOSITION

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Chubb, Anthon
From:
Sent:
To:
Subject:

Chubb, Anthony
Thursday, March 15, 200710:42 AM
Hightower, Melissa
RE: new flight club images

Melissa,
I think that this proposed advertisement is acceptable based upon the SMARTffAG agreement on content restriction as
set out in section 3.08(A).
-Tony

From: Hightower, Melissa
Sent: Thursday, March 15, 2007 9:23 AM
To: Dirks, Dan; Gordon, Avery
Cc: Chubb, Anthony
Subject: FW: new flight club images
Importance: High
In response to the request below, I recommend we approve the attached graphic for on bus advertisement. Dan, I will
await your decision.
Gentlemen, this is time sensitive.
Thanks

Melissa V. Hightower
Manager of Marketing

i/.sJiifJ01T
for Our Community

313-223-2192-office
248-244-8701-fax
From: Deena Gardner [mailto:[e-mail]
sent: Wednesday, March 14,20079:11 AM
To: Hightower, Melissa
Subject: FW: new flight club images
Hi Melissa,

I think Mark mentioned that I'm working with a client that wants to advertise for Flight Club, which is a very
upscale Gentlemen's Club in Inkster. I wanted to get some feedback from you on the creative they would like
to use to see if this will be acceptable. Please advise- thanks for your help.

By the way, this new system of tracking the buses has been great. Thanks for this useful tool.
Deena

(])eena P.. qaraner
Account Executive
Transit Advertising Group I International Outdoor

Chubb, Anthony
From:
Sent:
To:
Subject:
Attachments:

Chubb, Anthony
Friday, May 14, 20103:25 PM
Sisson, Mark
FW: Leaving Islam
leavingislam2.jpg

Importance:

High

Anthony Chubb
Assistant General Counsel
SMART
535 Griswold Avenue, Suite 688
Detroit, MI 48226
[phone]
-----Original Message----From: Gordon, Avery
Sent: Friday, May 14, 2818 2:88 PM
To: Chubb, Anthony
Subject: FW: Leaving Islam
Importance: High

-----Original Message----From: Dryden, Elizabeth
Sent: Friday, May 14, 2818 11:32 AM
To: Gordon, Avery; 'John Swatosh'
Cc: Gibbons, Bethi Ynclan, Brenda
Subject: FW: Leaving Islam
Importance: High
Avery,
We were notified that a request has been made for the Islamic advertisement that Beth G.
forwarded a month ago. CBS Outdoor has requested SMART review for posting. After removing
the ads Miami-Dade Transit asked the County Attorney General for an opinion. While we don't
believe we need to do that, let's meet to discuss/meet with ACCESS about this, something to
think about. Let me know you thoughts and if we can meet today to discuss.
This is the same ad as was removed from the Miami-Dade transit system in April. The link is
below.
http://www.miamiherald.com/2810/04/16/1581903/miami-dade-transit-says-it-will.html
The ads were reinstalled on May 3.
http://cbs4.com/local/Fatwa.Miami~Dade.2.1654205.html

http://www.nbcmiami.com/news/local-beat/Miami-Buses--92809894.html

1

The group that paid for these ads supposedly filed suit against Miami-Dade transit.
http://www.jihadwatch.org/2010/04/religious-liberty-bus-ad-campaign-update-were-suing-miamidade-transit----please-help-us-fight-for-t.html
In this blog, it states the campaign will go national and they are looking for money to
support the campaign.
http://atlasshrugs2000.typepad.com/atlas shrugs/2010/04/sioa-legal-victory-miami-bus-adsroll-out-in-bigger-numbers-than-before.html
Beth

2

ill

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S:'1A;?T BUS

OUTDOOR

ATTN: MR 70BY HORN3R
535 GRISWorJD AVE, 3UI'!'E EOil
DETrtOIT, ~I 48226

~c.

SMART BUS - DETROIT
ACCOUNTING OF BILL:NGS

f.~

DEPOSITION

5:-J. (-('

GUARANTEE PAYNENTS

FOR CONTRACT PERIOD 3/1(09 TO 2/28/2010

/<lARCE

20:::9

a.Oo

0.00

TOTAL
BILLINGS
O.CO

p.?RIL

2009

58,lSD.OJ

0.00

]\flAY

2009

54,465.00

JUNE

2009

JULY

NET

MONTH

BI.LLINGS

ADJUSTMENTS

50% NET
BILLINGS

GUARANTEE

EXCESS
(DEFICIT)

PAID

Wire Transfer
Date

C.CO

41,666.67

(41,666.6'7)

on. 666.67

0 .. /2 .. /09

58,180.00

29,090.00

41,666.67

Ci2,576.6-n

42,666.67

05/3..::>(09

O.CO

S4,465.Ca

2'l,

50

41,666.67

(14,·134.1"l)

4.1,666.6'1

06/:S/C9

33,60e-.00

O.CO

33,600.00

16,BOC.CO

41,666.67

(24,866.67)

'i1,666.67

07;;'5/09

2009

28,540.00

O.CO

28,640.00

1<>,320.00

,n,666.67

(2:7,346.67)

41. 666.67

OB/l.'5/0S-

f\UGUST

2009

83,89:'.30

O.CO

83,891.:W

4::,945.65

41,666.67

41,945.65

09/15/09-

SEPTEMBER

2009

59,03.:).00

o .CO

59,030.00

29,515.00

41,666.67

(12,151.67)

41,666.67

10/15/09

,JCTDBER

2009

22,'75C.OO

0.00

22,7S0.00

11,375.00

41,666.67

(30,291.6'1)

4l,666.6"}

11/15/09

KOVEMBER

2009

38,933.'12

0.00

38,933.42

19,466.71

4.1,666.67

(22.,199.96)

'.1,666.67

:;'2/15/09

::lEC:i:MEER

2009

40,000.00

0.00

40,000.00

20,000.00

41,666.67

(21,666.67)

U,GG6.67

01/15(10

JAL"ruA.~Y

2010

6,266.67

O.CO

6,256.67

3,133.34

41,666.67

()8,533.34)

1,1,666.67

02/15/10

FEBKUARY

2010

26,924.38

0.00

26,924.38

13,462.19

41, 666.67

(28,204.48)

41,666.67

03/15/10

452,680,77

0.00

452,680.77

226,340.39

500,000.04

(273.659.66}

eYE 2/29/2010
MINDfJM GUARAN7El

$,...JAR;.'.09

500,00C.OO

~32.

278.98

3~~i\P-:'

C§>(:HS

Bt.:~;

OUTDOOR

/\T7:1: i'P 7:)SY HCR~:ER
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~~T88:T,

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SMART BUS - DETROIT

48226
;~::::::OUW:'ING

CF B::.l.I:';'~'S & GUARl,,;>r::::::: ?AY:'!EN';'S
FOR CONTRACT PERIOD 3/1/10 TO 2/28/2011

NET
:"~ARC;.J

;(' U:. 0

BILLINGS
':'3,97-:. ';p

APRIl.

?rJ::'G

1"1AY
,:rN;'~

MONTH

ADJUSTMENTS

TOTAL
BILLINGS

50% NET
BILLINGS

GUARANTEE

EXCESS
(DEFICIT)
6B~.CL

( .3~'; . .; R"

41, cGo. ;:.,",

G,)/F:/1G

45,37,J.03

Co/EIlO

1 ,; , -1 ,; -;' . 83

5-6,:1~.'jJ

G'J/l~/HJ

:1["

O.OG

::3,971.'32

.'.6, S8';. 65

H, 66(;.. F7

82,6:?4.3e

c.co

82,62,;.33

4:,.312.19

41, 666.6')

?CE IJ

90,74C.05

C.8C

9C',7';::'.05

":5,378.03

H, 6-:;E. ;:.7

3, ":';'3. ')(

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c.Ge

1::'.,22?0D

'.)6,1.:.4.50

C,66c.':;:;
,.

r r r

r-,

Wire Transfer
Date
84/:5/10

I

PAID
41,66E.67

:l'L':.'

2·J::. 0

71,ns.OC;

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7'2.,73S.~tJ

35,867.5C

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l\lJG~;Sr

2:;10

85, 15C'.:;0

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2,5:8.33

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82,2C;:5.?O

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82,:20E.9C<

4:,103.-45

';::",6H.E!"

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:,CIlS!iO

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369.30

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31,369.30

15,-62'1.65

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. .;.'3

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i2/ ,L5/:0

DEC~;~3EH

:.:c::.o

5"/,835.2('

0.00

57,835.2C'

::'8,9:7,60

4:,66E·.(7

(12, "749. 'J:

';1,666.67

81/2.S/:1

..., ,.,

,>J .... ~

,

2:,0f.C.CO

0.00

21,060.80

:C,530.~O

n, 666. Ci

(31, ::'36. 0'7\

4':', 666.

\.~;

8:?/l5/l1

2~,11

34,250.0:)

a.DC

34,25C.OO

17,125.Qa

1,1,666.67

U';,SH.o·;\

4:,6E6.6·.'

:J3/:'S-/11

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.. lJ,B,f7--=-68

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..

From:
Sent:
To:
Subject:

-I~

Chubb, Anthony
Wednesday, February 03.201011:58 AM
Gibbons, Beth
RE: SMART buses & Political Advertising

DEPOSITION
EXHIBIT 'JJ

Cw ubk

~ n
~

'\6

./VI

S/t1-(, l'3

Typically, get out the vote drives are not political. HOWEVER ... it is worth noting that Roi
Chinn is a candidate for the Michigan State Senate in 2010. Targeted get out the vote drives
paid for by politicians could very well cross the line. I think we need more information
before we can respond to this one.
Anthony Chubb
Assistant General Counsel
SMART
535 Griswold Avenue, Suite 600
Detroit, MI 48226
[phone]
This is an attorney client privleged communication.
-----original Message----From: Gibbons, Beth
Sent: Wednesday, February 03, 2010 11:46 AM
To: Chubb, Anthony
Subject: FW: SMART buses & Political Advertising
Tony,
What are your thoughts on this one?
8eth Gibbons
SMART Marketing Program Manager
313.223.2112 - Office
313.461.4523 - Cell
[e-mail]
535 Griswold Street, Suite 600
Detroit, MI 48226

-----Original Message·····
From: GOP 2010 [mailto:[e-mail]]
Sent: Tuesday, February 02, 2010 4:33 PM
To: Hawkins, Robert B; Gibbons, 8eth
Subject: Re: SMART buses & Political Advertising
Mr. Hawkins,
Thanks Robert.
I am apart of multiple diversity organizations and I would like to do a pUblic announcement.
For example, this month is Black History Month as well as Chinese New Year. In southeast
1

•

oakland county, many minorities have been left out of mainstream media communication like
registering to vote.
I look forward to your response. Is this request political? Also, who can I FOIA to receive
this info from.
Roi Chinn
On 2/2/10, Hawkins, Robert B <[e-mail]> wrote:
> Hello Mr. Chinn,
>

> This brief message is a follow up to our conversation regarding the
> SMART system's policy on not allowing political advertising, I have
> copied the SMART marketing manager Beth Gibbons as discussed. You
> indicated that someone from SMART had given you my contact information
> and she would be able to offer any further clarity you may need
> regarding the misinformation that was passed along by the SMART Director that you
referenced.
>
> Kindest Regards,
>

>

> Robert B. Hawkins
> Sales Manager, Displays Division

> CBS Outdoor
> 88 Custer Ave.
> Detroit, MI 48202
>
> [phone] (ph) / [phone] (fax)
>
>

Progress ... Not Politics

2

Chubb. Anthony

From:
Sent:
To:
Cc:

Subject:

Chubb, Anthony
Wednesday, January 13, 2010 129 PM
Gibbons, Beth
Dryden, Elizabeth; Gordon, Avery
RE: Potential SMART advertiser

Beth,
Per our conversation, the advertisement as proposed does not violate any provlslons of our
advertising contract's restrictions on content, which are set forth in Section 5.07(B)of the
contract.
We do have to continue being very careful on this issue, and in making the determination of
whether proposed advertisements are simple information items, or cross the line and make
political statements.
Anthony Chubb
Assistant General Counsel
SMART
S35 Griswold Avenue, Suite 600
Detroit, MI 48226
[phone]
-----Original Message----From: Gibbons, Beth
Sent: Tuesday, January 12, 2010 4:48 PM
To: Chubb, Anthony; Gordon, Avery; Dryden, Elizabeth
Subject: FW: Potential SMART advertiser
Importance: High
For your review.
are Godless ...

See link below in the original e-mail to view the ad.

Beth Gibbons
SMART Marketing Program Manager
313.223.2112 - Office
313.461.4523 - Cell
[e-mail]
S3S Griswold Street, Suite 600
Detroit, MI 48226
-----Original Message----From: Hawkins, Robert B [mailto:[e-mail]]
Sent: Tuesday, January 12, 2010 4:34 PM
To: Gibbons, Beth
Subject: Potential SMART advertiser
Importance: High
Hello Beth,
1

The title of the ads

The attached email provides a link for a potential advertiser who is displaying the copy that
they would like to run on the SMART system. Please review the proposed layout and let me know
if we can proceed with a contract.
Thanks,
Robert B. Hawkins
Sales Manager, Displays Division
CBS Outdoor
B8 Custer Ave.
Detroit, MI 48202
[phone] (ph) I [phone] (fax)
-----Original Message----From: Jende Huang [mailto:[e-mail]]
Sent: Tuesday, January 12, 2010 4:12 PM
To: Hawkins, Robert B
Subject: information about United CoR
Robert,
Glad we could connect today.
Here is the link to the national United CoR website: http://unitedcor.org/
Also, you can see some of the Portland bus ads here:
http://portland.unitedcor.org/node/40
Please let me know! Thanks much!
jende
Jende Andrew Huang
National Coordinator
United Coalition of Reason
www.unitedcor.org II 866.897.7248

2

Chubb, Anthony

Chubb, Anthony
Thursday, July 08, 2010 10:17 AM
Gibbons, Beth; Gordon, Avery; Dryden, Elizabeth
RE: ABC

From:
Sent:
To:
SUbject:

This decision turns on whether the proposed advertisement is "obscene" per section. 5.e7. I
believe an argument can be made that the proposed ad is repulsive by reason of crass
disregard of moral or ethical principles, and should therefore be rejected. Avery makes the
final decision. I'd ask for alternative graphics.
Tony
From: Gibbons, Beth
Sent: Wednesday, July e7, 2e1e 4:e5 PM
To: Chubb, Anthony; Gordon, Avery; Dryden, Elizabeth
Subject: FW: ABC
For review and discussion.
Beth Gibbons
SMART Marketing Program Manager
313.223.2112 - Office
313.461.4523 - Cell

[e-mail]<mailto:[e-mail]>

535 Griswold Street, Suite 6ee

Detroit, MI

48226

From: Hawkins, Robert B [mailto:[e-mail]]
Sent: Wednesday, July e7, 2e1e 12:17 PM
To: Gibbons, Beth
Subject: FW: ABC
Beth,
Please see the email that I have attached and let me know your thoughts.
This is something that I should respond to no later than mid-day tomorrow.
Thanks,
Robert B. Hawkins
Sales Manager, Displays Division

*

DEPOSITION

!C4z ~~~BI~

]

~>G <;.)()

J

..

CBS outdoor
88 custer Ave.
Detroit, MI 48202
[phone] (ph) / [phone] (fax)

From: Lewis, Carol R
Sent: Tuesday, July 06, 2010 7:17 PM
To: Canley, Bryan; Berkwitz, Shari; Carlucci, Steve P; Carroll, Tom F; Hawkins, Robert B;
Mucurio, Nicole L; Danneil, Marcus; Bolton, Lee
Subject: ABC
Hi there ABC is promoting a new show for the Fall called 'My Generation.' They've begun running TV ads
and would like to run the same creative on their outdoor.
The premise of the show is that in 2000, a documentary crew followed a group of high
schoolers from Greenbelt High School in Austin, TX as they prepare for graduation, then
revisits these former classmates ten years later as they return home to rediscover that just
because they're not where they planned doesn't mean they're not right where they need to be.
As these classmates return home to revisit their old hopes for their future, they'll discover
that, even if you don't get exactly what you thought you wanted out of life, it's not too
late to get what you need. Some of the characters are the 'overachiever', ' the beauty
queen', 'the jock', 'the brain', 'the nerd', etc
The copy will have a tag line and then a snap shot of that particular character.
There will be multiple copy/taglines and one of which uses the word sex, so they wanted to be
sure it's ok.
There will be nothing suggestive or inappropriate in the visual.
The tagline with sex (the nerd character) says:
I'd really like to have sex before I'm a father.
ABC My Generation
Thursday Sept 23rd
I was able to get a picture from their TV ad, see attached, so you get an idea of the general
creative.
*This is a different tagline (I had sex with you on prom night. Meet your son) , but it gives
you how simple the copy is.
(and it's just 1 of 9 different copy)
[cid:image001.jpg@01CB1DED.6212E050j
They do not yet have their outdoor to submit as they are working on it now, and wanted to run
this by us before they move forward.
So please let me know if you foresee any issues (on displays media).
Thanks
Carol Lewis
CBS Outdoor

2

Chubb, Anthony
. From:
Sent:
To:
Cc:
SUbject:

ChUbb, Anthony
Tuesday, March 13, 2007 12:57 PM
Hightower, Melissa
Gordon, Avery
Flight Club Advertisement

Melissa,
I think that according to the law and SMART policy, we need to review the proposed Flight Club advertisement for its
content, just as any other proposal. To reject it based solely upon the company that is making the proposal would
certainly be questionable, Constitutionally speaking. The SMARTffAG contract advertising guideline regarding this issue
is at Section 3.08 (A)(3)(c), which prohibits material which is "obscene or pornographic."
If you have time, please give the legal department a copy of the proposed ad.
On an unrelated issue, I was driving down Woodward yesterday and came upon SMART bus number 22367. It has a full
wrap advertising Metro PCS. The wrap is in terrible condition, several chunks have fallen off, and one part was so
dilapidated that it was dragging on the ground. Under Section 3.09(A) and undoubtedly in other parts of the contract,
SMART makes it clear that it is our intention to have advertising that is aesthetically pleasing... this bus clearly is failing in
that regard. Just FYI.
Let me know if you have any questions,
-Tony
Anthony Chubb
Law Clerk - SMART
660 Woodward Avenue
First National Building, 9th Floor
Detroit, MI 48226

18470 W. Ten Mile Road, Suite 100
Southfield, MI 48075
Office: 248.483.3999
Cell: 734.272.7507
Fax: [phone]

www.transitadvertisinggroup.com
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From: Perry Cooper
sent: Tuesday, March 13, 2007 5:03 PM
To: Deena Gardner
SUbject: Re: new flight club images

Perry Cooper
Director a/Creative Services
Transit Advertising Group / International Outdoor
18470 W. 10 Mile Rd.
Suite 100
Southfield, MI 48348
248.483.3999
[e-mail]
•••••••••••••••••••••

On Mar 13,2007, at 4:36 PM, Deena Gardner wrote:
If you can try to button her shorts- I'd like to at least try to see if it will fly.
Thanks,
Deena

From: Brandon [mailto:[e-mail]]
Sent: Tuesday, March 13,20072:34 PM
To: Deena Gardner
Subject: new flight club images

Brandon Dalaly
Creative Consultant
Direct Media Concepts
400 W. Maple Rd
Suite 250
2

Birmingham MI 48009
(w) 248.220.1500
(f) 248.220.1076

(c) 248.739.0781
[e-mail]
www.directmediaconcepts.com

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