Miami-Dade Transit Officials Explain GTA IV Ad Ban Decision (sort of...)

May 6, 2008 -
It took a few days, but GamePolitics has tracked down some background on the process which led Miami-Dade Transit (MDT) officials to pull ads for Grand Theft Auto IV.

As we reported late last month, the South Florida transit agency yanked GTA IV ads from bus shelters following pressure by anti-game attorney Jack Thompson.

While following up on this story GP communicated with MDT Deputy Director Hugh Chen and Marketing Director Michael DeCossio. It was media relations official Manuel Palmiero, however, who ultimately supplied the information below. What follows are GP's question, MDT's verbatim answers and a few bits of commentary:

GP: The GTA IV ads themselves are inoffensive. Is Miami-Dade Transit making a value judgment as to the underlying product? If so, this judgment is based on…?

MDT: The Miami-Dade County Commission has adopted three resolutions in the last five years dealing with violent video games -- R-1447-03, R-248-04 and R-573-06. You may look up all three at www.miamidade.gov/govaction/searchleg.asp?Action=searchleg.

The first resolution specifically condemned the “Grand Theft Auto: Vice City” video game for its “hate-filled messages" and for appearing “to encourage or condone violence against ethnic minorities” and called on retailers to remove the game from their shelves. The other two condemned violent video games in general and urged retailers not to make such games available to minors. 

Miami-Dade Transit is a department of Miami-Dade County and as such follows the policies set by the Miami-Dade County Commission and Mayor.

(GP comment: This seems a rather bureaucratic justification. None of the three resolutions address public transit. Nor do they direct county agencies to take a hands-off posture with regard to video games. Nor does MDT answer the question as to whether they made a value judgment concerning GTA IV, although it seems obvious that they did.)

GP: Which official made the final decision to remove the ads?
 
MDT: After receiving and evaluating the request for removal of the ads, MDT staff made the recommendation to remove them.  [Ad company] Cemusa was instructed to remove the ads last Friday, April 25.

(GP: we received this info from MDT on Friday, May 2nd)
 
GP: Is MDT familiar with Change the Climate vs MBTA, in which the US First Circuit Court ruled that a quasi-governmental transit agency could not restrict ads based on viewpoint?
 
MDT: Miami-Dade Transit is a department of Miami-Dade County and as such is a unit of County government, not a quasi-governmental transit agency.

(GP comment: This answer is puzzling. The First Circuit Court ruled that it is unconstitutional for a quasi-governmental agency to restrict free speech. Since MDT is organized as a full-fledged unit of government, it has at least as much - and probably more - of an obligation not to restrict free speech. Nor does the answer acknowledge the Change the Climate case.)

GP: Is MDT aware of [complainant] Mr. [Jack] Thompson’s longstanding contentious history with the publisher of this game [Take Two Interactive], including his involvement on the plaintiff side in a pair of wrongful death lawsuits seeking $1.2 billion?
 
MDT: We were not aware of this information but it is not relevant to the matter at hand and would not have affected our decision to remove the ads.
 
GP: Other than Thompson’s, were any other complaints received about the ads?
 
MDT: We are not aware of any others to date.

GP:  Would you characterize MDT as a unit of government, as opposed to quasi-governmental? (I note the .gov website address)
 
MDT: As stated above, MDT is a department of Miami-Dade County government and therefore is a unit of government, not a quasi-governmental agency.

GP: What other types of ads are restricted? Alcohol? R-rated movies? How about a cable show along the lines of The Sopranos or Sex in the City? 

MDT: MDT's contract with CEMUSA lists several types of ads that are restricted, including:

-Advertising that contains traffic-related symbols or words like "Stop," Drive In" or "Danger" that are designed to distract vehicular traffic

-Ads containing immoral, lascivious or obscene material as well as ads promoting businesses engaged in any activity that requires that exclusion of minors

-Ads for alcoholic beverages
 
In addition, the contract states that MDT may "at its sole, absolute discretion" disallow any questionable ads, such as those that may violate community standards as we understand them based on our knowledge of the community and the feedback generated by certain types of ads in the past.

(GP comment: Now that Take Two has sued the Chicago Transit Authority over that agency's removal of GTA IV ads, a similar suit against MDT seems highly likely...)

Comments

You know, that pic to the left gives me an idea. How about a poster campaign plastered on to the side of the bus stops with a great big picture of JT. Under it would read...

The advertising previously on this bus stop for the videogame Grand Theft Auto IV has been removed by the MDT who caved to pressure from such individuals as Jack Thompson who believe that, like rock and roll and comic books, video games turn children into malevolent killers despite evidence to the contrary.

Jack Thompson is also currently facing disbarment in Florida.

This message brought to you by Gamers For Civil Liberties.

@ JackDon'tKnowJack: Okay, then, big guy, you win. You're way too smooth for me. By the way, you haven't posted in the last couple of hours. Are you still alive?

@ Shadow Darkman: Here's your award. You are officially the most retarded and unfunny contributor at GamePolitics. Slobber much?

@yowzers:

And kicking.

Why is Jack such an opponent of free speech/ freedom of expression? The makers of games have the right to put anything they want in games. And why isn't he attacking the movie industry? They put just as bad things, if not worse things into their art.
 
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Matthew Wilsonmost likly not since windows is considered essential, so unreasonable tos wont hold up. that being said, I am using it, and its prity good.07/29/2015 - 5:11pm
Sora-ChanThe question on those is can they be held up in court. From what I can tell those kinds of clauses haven't been challenged in court yet.07/29/2015 - 4:40pm
E. Zachary KnightPapa, Of course thre is. That has now become a permanent part of the EULA boilerplate template.07/29/2015 - 12:56pm
Papa MidnightIn case anyone is interested, there is a clause written into Section 10 of Windows 10's EULA that provides for a Class Action Waiver, and restricts the user to Binding Arbitration.07/29/2015 - 11:15am
TechnogeekNo, that folder is what gets used for the upgrade process. I already had the upgrade go through on my notebook.07/29/2015 - 10:35am
Andrew EisenMatt - And AGAIN, you keep saying "accountable." What exactly does that mean? How is Gamasutra not accounting for the editorial it published? How is it not accountable to its readership (which, AGAIN, is primarily game industry folk, not gamers)?07/29/2015 - 10:10am
james_fudgeThat's the clean install, for anyone asking07/29/2015 - 9:23am
TechnogeekAlso, it's the upgrade that's available for installation now. You might need to forcibly initiate the Windows Update process before it'll start downloading, though. (If there's a C:\$Windows.~BT folder on your computer, then you're in luck.)07/29/2015 - 8:46am
TechnogeekAdmittedly there's more room to push for an advertiser boycott when you get into opinion content versus pure news, but keep in mind that reviews are opinion content as well.07/29/2015 - 8:46am
TechnogeekMatts: There's a difference between "this person regularly says extremely terrible stuff" and "I don't like the phrasing used in this one specific editorial".07/29/2015 - 8:45am
MattsworknameWait, is that for the upgrade or the clean install only? cause I was gonna do the upgrade07/29/2015 - 8:32am
james_fudgehttps://www.microsoft.com/en-us/software-download/windows1007/29/2015 - 8:30am
PHX Corp@Wilson, I'm still waiting for My upgrade notice aswell07/29/2015 - 7:57am
MattsworknameWilson: how? Im still waiting for my upgrade notice07/29/2015 - 3:44am
Matthew WilsonI updated to a clean instill of windows 10.07/29/2015 - 2:36am
Mattsworknameargue that it's wrong, but then please admit it's wrong on ALL Fronts07/29/2015 - 2:06am
MattsworknameTechnoGeek: It's actually NOT, but it is a method used all across the specturm. See Rush limbaugh, MSNBC, Shawn hannity, etc etc, how many compagns have been brought up to try and shut them down by going after there advertisers. It's fine if you wanna07/29/2015 - 2:05am
Mattsworknamediscussed, while not what I liked and not the methods I wanted to see used, were , in a sense, the effort of thsoe game consuming masses to hold what they felt was supposed to be there press accountable for what many of them felt was Betrayal07/29/2015 - 2:03am
MattsworknameAs we say, the gamers are dead article set of a firestorm among the game consuming populace, who, ideally, were the intended audiance for sites like Kotaku, Polygon, Et all. As such, the turn about on them and the attacking of them, via the metods07/29/2015 - 2:03am
MattsworknameAndrew: Thats kind fo the issue at hand, Accountable is a matter of context. For a media group, it means accountable to its reader. to a goverment, to it's voters and tax payer, to a company, to it's share holders.07/29/2015 - 2:02am
 

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