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 city鈥檚 transit benches 鈥渢o promote public awareness of the sanctity of life.鈥�

On Dec. 31, 2021, the society was told by the city鈥檚 contractor that advertising on the bus benches was restricted to commercial advertising and, on April 2, 2022, the society鈥檚 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 society鈥檚 right to expression, as there are many other ways to express the society鈥檚 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 鈥渃ease interference with Ms. Krieg鈥檚 constitutional right to freedom of expression on City bus benches.鈥�

It said if the city refused, a court petition would be filed challenging the constitutionality of the city鈥檚 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 Centre鈥檚 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 鈥榗ommercial advertising.鈥�

鈥淎s 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.鈥�

The Justice Centre for Constitutional Freedoms stated on its website that on June 21, 2022, the city accepted Krieg鈥檚 request to reinstate Shuswap Pro-Life Society鈥檚 advertisements.

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

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