ACLU Files Free Speech Lawsuit Against County of Lackawanna Transit System


ACLU Files Free Speech Lawsuit Against County of Lackawanna Transit System

April 28, 2015

CONTACT: Sara Mullen, ACLU of Pennsylvania, 215-592-1513 x122,

PHILADELPHIA – The American Civil Liberties Union of Pennsylvania filed a federal lawsuit today against the County of Lackawanna Transit System (COLTS) over its refusal to allow a local atheist group, the Northeastern Pennsylvania (NEPA) Freethought Society, to advertise on its buses. The lawsuit argues that the transit system violated NEPA Freethought Society’s free speech rights by rejecting its ads because of the group’s views.

Since 2012, the NEPA Freethought Society has tried unsuccessfully to run various ads on COLTS buses. The rejected ads simply say “atheists” along with the group’s name and/or website. COLTS first turned down one of these ads under a policy that gave COLTS discretion to reject ads it deemed “controversial” or that would spark debate or discussion of public issues. In commenting on the rejection, COLTS’ solicitors said that COLTS did not accept any ads “promoting” or “attacking” religion or ads intended to spark public debate. However, according to the complaint, for at least ten years before NEPA Freethought Society tried to advertise, COLTS never rejected a single ad. COLTS has run ads from religious organizations, a political candidate, and a blog with links to anti-Jewish websites. COLTS also displayed the message “God Bless America” on the front of one bus for years.

In September 2013, COLTS again rejected the society’s proposed “atheists” ad, explaining that COLTS believed the ad would “offend or alienate” some of COLTS’ riders, causing COLTS to lose money. Eight days after rejecting the ad, COLTS adopted a new advertising policy that explicitly banned ads that “promote the existence or non-existence of a supreme deity” or address religion.

In 2014, COLTS finally accepted a version of the NEPA Freethought Society’s ad after it removed the word “atheists.”

“It’s hard to advertise effectively if we’re not allowed to use the word ‘atheists’ to say who the NEPA Freethought Society’s members are or who we’re trying to reach,” said Justin Vacula, organizer and spokesperson for the NEPA Freethought Society. “We just want to be treated fairly and allowed the same opportunity to advertise that COLTS has given other groups for years.”

According to the complaint, COLTS’ decision to ban all religious ads and begin enforcing its advertising policy was motivated by its dislike for NEPA Freethought Society’s beliefs.

“The First Amendment means that government officials can’t censor speech just because it’s unpopular or because they disagree with the speaker,” said Reggie Shuford, executive director of the ACLU of Pennsylvania. “Once you open up a space for speech, you have to let everyone in equally.”

The NEPA Freethought Society is represented by Mary Catherine Roper and Molly Tack-Hooper of the ACLU of Pennsylvania and Theresa E. Loscalzo, Stephen J. Shapiro, and Monica Clarke Platt of Schnader Harrison Segal & Lewis LLP.

More information about the case, including a copy of the complaint, is available at:




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Justin Vacula

Justin Vacula hosts the Stoic Philosophy Podcast; serves as co-organizer and spokesperson for the Northeastern Pennsylvania (NEPA) Freethought Society; and has hosted monthly Stoic Philosophy discussion groups for the Humanist Association of Greater Philadelphia. He has appeared on and hosted various radio shows and podcasts; participated in formal debates and discussions; was a guest speaker for college-level courses; was featured in local, national, and international news; and has been invited to speak at various national, local, and statewide events. Vacula received bachelor's degrees in Philosophy and Psychology, a minor in Professional Writing, and the distinguished W.A. Kilburn Memorial Award for Philosophy from King's College in Wilkes-Barre, Pennsylvania. He is currently living in the Scranton, PA area attending Marywood University's graduate-level Mental Health Counseling program and has worked with the Arc of Luzerne County's Transition to Community Employment program as a teacher's assistant and job coach alongside adult learners with intellectual and developmental disabilities. He also plays poker; volunteers as a member of the website and media team for the Greyhawk Reborn Dungeons & Dragons campaign while playing at events in the Eastern United States; and enjoys metal music.