Hubbard Broadcasting, Inc. v. Metropolitan Sports Facilities Commission
(Advertising, US Dist. Ct. MN 1986 Def. Verdict) Not a Tobacco Case. Citation: 797 F.2d 552 (8 July 1986); 381 N.W.2d 842 (Minn.1986); 479 U.S. 986, 107 S.Ct. 576 (1 Dec 1986)This advertising suit was brought by Hubbard Broadcasting, Inc., KSTP-TV, KSTP-AM and KSTP-FM against Metropolitan Sports Facilities Commission, American Sign and Indicator Corp., and Twin City Federal Savings & Loan Association.The plaintiff alleged that by denying it advertising space on the city-owned sports complex's scoreboard, the city denied it of its constitutional rights to free speech and equal protection. The plaintiff claimed unlawful delegation, first amendment violation, equal protection violation, public bidding, and antitrust.The case was heard in the United States District Court, District of Minnesota, Fourth Division (Case No. 3-82-1299), before the Honorable Donald D. Alsop. The judge granted the defendants' motion for summary judgment on the unlawful delegation, first amendment and equal protection claims, and for the plaintiff on the public bidding claim. The parties voluntarily dismissed the antitrust claims. The plaintiff appealed. On certification from the United States Court of Appeals, the Minnesota Supreme Court affirmed the judgment in part and reversed in part in regard to the state law issues of public bidding and unlawful delegation. The court decided both issues against the plaintiff and upheld the validity of the Scoreboard System Agreement under state law. The United States Circuit Court of Appeals, Eighth Circuit, Minnesota (797 F.2d 552) affirmed the judgment on July 8, 1986. The court held that the city did not intend to create a public forum by selling advertising space on the scoreboard. Sale of exclusive advertising space on a first come, first served basis was reasonable and content neutral. It was a managerial decision done without suppressing any particular point of view. The plaintiff was not deprived of equal protection because the first come, first served policy was not discriminatory. The Supreme Court of the United States denied certiorari on December 1, 1986.