A recent New York Times article, exploring the litigative battle around obscene advertising in the subway system, called the subway “one of the last bastions of modesty in public.” But as anyone who has ridden at two in the morning can confirm, this modesty is more the exception than the rule. Certainly in the advertisements — as well as the late-night passengers — sex is front and center as advertisers have scrambled to cram their limited space with attention-grabbing methods. Last year Gov. Andrew Cuomo prompted the MTA to review its guidelines for acceptable decency standards. But amid a culture that is becoming more accepting of an open attitude toward sexuality, overly censoring ads may do more harm than good.

The MTA is a state-controlled organization, and understandably has an obligation to provide an environment that is comfortable and appropriate for commuters of all ages. Cuomo’s complaint last year stemmed from a particularly controversial breast enhancement ad, which was compared to an ad for a strip club. The MTA does have decency criteria for advertisements, but they are fairly vague. It prohibits images that could scare children, provoke violence and depict sexual activities in an offensive matter, and bans ads for escort services and tobacco products. Deciding between what is mildly provocative versus blatantly offensive is a difficult task, but the MTA is looking to tighten regulations after Cuomo’s request. Billboards, magazines and posters push the envelope just as much as the subway ads do, and they are just as present around the city.

Risque subway ads are not limited to companies that typically sexualize ads — recent controversy has even centered around city’s Department of Health and Mental Hygiene. The city regularly operates a safe-sex campaign. This most recent subway ad lets riders know about free, large-sized condoms, and includes large pictures of the packaging. The MTA also blocked a Dumbo Moving and Storage ad that featured an intimate couple with the caption “Always Have Protection.” A representative from the company claimed that the city’s own DOHMH ads were less appropriate because they directly discussed sex. Despite their similar methods, there is a significant difference in the two advertising
campaigns — one uses sex to sell a product while the other uses it to destigmatize condom use. Yet their methods are surprisingly similar.

If the MTA moves to tighten its guidelines, it will have to account for a huge variation in what is considered indecent. Recently a Brooklyn councilman has requested that the MTA remove Lane Bryant’s #ImNoAngel ads from subway lines that pass through his district’s neighborhoods after he received complaints from families. Clearly, it would be impossible to appeal to everyone’s standards of what is and is not appropriate. Censoring ads about sex should not be a focus for the MTA, especially considering the potential benefits to a more open

A version of this article appeared in the Wednesday, April 15 print edition. Email the WSN Editorial Board at [email protected].