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Group to Complain to MBTA

Citizen's Organization Says `T-TV' Violates Civil Rights

By Sarah E. Scrogin

"You're Soaking In It!" a Boston-area citizens' group, will make an official complaint this morning to the Massachusetts Bay Transit Authority (MBTA), claiming televisions in T stations violate riders' civil liberties.

"T-TV" violates passengers' first amendment rights by manipulating them as a "captive audience" to watch advertisements, according to Wendy Hamer, one of the group's organizers. The 12-person group also objects to the collaboration of a state agency and Metrovision of North America, a cable company which provides programming for subway televisions around the country.

Hamer said that MBTA, Metrovision and Channel 5, the Boston ABC affiliate, have negotiated an exclusive deal to air a mixture of paid advertisements, paid news programming, and transit information.

"Network news and the commuter state has sold the ridership of the T to a third party," Hamer said. "It's just another example of how public and private interests are in conflict."

MBTA sokesperson James Griffin declined to comment on the complaint until it is formally presented to him today.

Joseph A. Calebrese, a spokesperson for Metrovision of North America, said a complaint has never before been brought against the company or a subscriber.

"Metrovision is currently installed and operational in a number of major cities and there has never been a claim against transit authorities," Calebrese said.

ACLU Gets Involved

Hamer said she and fellow organizer Lydia Eccles decided to take legal action in March when they first heard of the MBTA's plans.

Hamer and Eccles researched their case and then presented it to the American Civil Liberties Union, which agreed to lodge a complaint, Hamer said.

Fred Small, a self-employed businessman and T passholder who is another plaintiff, said yesterday he believes the televisions have led to the "contamination of public spaces with private commercial messages."

In addition to violating riders' civil liberties, the televisions will alter the character of T stations by driving away musicians and performers, members of the citizens' group said.

Elliot Gibbons, a classical guitarist who often plays on T platforms, said he isn't convinced that consumers will like the televisions.

"I don't think that the public wants this system," Gibbons said. "But then I don't think that the public was ever asked."

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