Could BART Change its Policies to Exclude the Contentious Ads?
Putting to one side the patrons’ rights (or lack thereof), is there anything BART could do on behalf of the upset customers? In particular, could BART constitutionally change its policies in the future and decline to accept all political ads, including that anti-Roe campaign? If all political ads were banned, BART might argue, then its exclusion of the anti-Roe ads would not be viewpoint-based. Would that be enough? This is a difficult question for which there is no sure answer. A few things, however, are worth observing: First, BART could not constitutionally alter its current policies in order to deny access to the Catholic group in particular. That is, if BART is to revisit and revise its policies, such a decision should be based on a more neutral belief that all political ads create special problems, not on a disagreement with the messages of some particular political ads. That is not to say that the uproar over the anti-Roe ad campaign cannot educate BART about the logistical and
