Westchester rejects bus ad by nurses union

Westchester rejects bus ad by nurses union
By MELISSA KLEINTHE JOURNAL NEWS
(Original publication: June 30, 2007)
Westchester County rejected a bus advertisement about a contract dispute between nurses and Westchester Medical Center, saying it was too controversial.
The ad showed a stock photo of three smiling nurses with the tag line: "We save lives every day. Westchester Medical Center nurses need a FAIR contract. It's a matter of RESPECT."
Mark Genovese, a spokesman for the New York State Nurses Association, said yesterday that the union wanted to spend about $3,000 to put the ad on the outside of 30 Bee-Line buses on three routes that serve the Valhalla hospital.
The hospital and nurses union are at odds over a proposed change to retirement health benefits. The nurses have been without a contract for a year.
Larry Salley, the county transportation commissioner, said policy forbids several types of advertisements on the bus line, including ads for firearms, tobacco, alcohol, political candidates and anything that advocates positions about controversial public issues.
"This would fall into the category of positions with regard to controversial public issues," Salley said.
He said that if the medical center were to submit an ad advocating its position, that, too, would be rejected.
Salley said he reviews all bus ads and rejected this one. He said there was no pressure from County Executive Andrew Spano to do so.
The county no longer runs the hospital, but in recent years has provided millions in funding to help it pull out of a financial crisis.
Genovese said the union would review its options about fighting the rejection.
Ralph Stein, a professor at Pace University Law School who specializes in constitutional rights, said the union could make a claim on First Amendment grounds in federal court.
But, he said, there have been cases in which courts have backed municipal transit lines in their effort to regulate ads.
"Not just with regard to such obvious things as sex, bad taste, stuff like that," Stein said.
The county has rarely rejected bus advertisements.
Salley said he remembered only two cases in recent years. One involved an ad by Entergy Nuclear Northeast highlighting the benefits of its Indian Point nuclear power plants. The other was a 2001 promotion for the "Opie and Anthony" radio show with the word WOW. The county pulled the ads from buses after learning that "WOW" stood for "Whip 'em Out Wednesday" a reference to women baring their breasts.
The nurses union spent about $800 to print its ads before learning this week that the ads had been rejected, Genovese said.
Nurses have become more vocal about their contract dispute in recent weeks. They held a protest outside the medical center's ball earlier this month.
The union contends that the medical center wants to eliminate a provision that gives full health care coverage at no cost when employees retire, as long as they've had five years of service.
Genovese said he was not aware that any contract talks had been scheduled.
"We have scheduled a meeting with them in the near future," said Kara Bennorth, a spokeswoman for the medical center.