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ARTICLE · 29 JULY 2019

Second Circuit Upholds Ban On In-Uber Advertising

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Consider your feelings the next time you're stuck in midtown traffic.

United StatesMedia, Telecoms, IT, Entertainment
Nicole Bergstrom
Nicole Bergstrom
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Do you find "Taxi TV" annoying?  The Second Circuit does.  Reversing a February 2018 decision of the District Court, the Second Circuit upheld New York City's ban on advertising in for-hire vehicles (e.g., Uber or Lyft).

The decision is the latest in a 2015 action filed by Vugo, Inc., which sells tablets that, when mounted to the back of the car's headrest, play video advertisements for riders (notably, without any ability to mute or turn off the screen).  The Second Circuit, citing the City's "substantial interest in cultivating 'esthetic values' and preventing 'undue annoyance,'" found that the ban, although content-based, did not run afoul of the First Amendment.  This was despite the fact that the City has an exception for Taxi TV in its yellow (and green) cabs—which brings with it the ability to accept credit card payments and track fares, thus offsetting the cost to taxi owners of offering their customers these in-ride perks.  As the Court noted,

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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