NEW YORK — Dame Products, the female-fronted pleasure product manufacturer, is suing New York's Metropolitan Transportation Authority (MTA) on grounds of sexism in regards to the company's proposed advertising campaign.
After initially submitting ad proposals in July of 2018, Dame claims to have spent approximately $150K incorporating feedback from Outfront Media, the third-party agency responsible for the ads in the New York subway system, only to receive a letter of rejection from the MTA in December citing recently updated guidelines which explicitly prohibited the advertisement of sex toys.
Previously, the MTA's policies prohibited ads that "Depict or describe in a patently offensive manner sexual or excretory activities so as to satisfy the definition of obscene material as contained in New York Penal Law § 235.00," or that "Contain sexually explicit material that appeals to the prurient interest in sex."
As per the MTA's new Advertising Policy FAQ page, which was updated in November of 2018 amidst Dame's pending proposal, the new guideline states, "The MTA Advertising Policy prohibits any advertisement that promotes a 'sexually oriented business,' and advertisements for sex toys or devices for any gender fall within this category."
Dame Products is now seeking damages for what they claim to be a violation of "free speech, due process, and equal protection," as outlined in the preliminary statement of their complaint filed with the district court of the city. Additionally, they are requesting that an injunction requiring the MTA to approve and display their ads be issued.
The MTA has had a history of working with arguably "sexually oriented businesses," notably running a campaign featuring phallic cacti in both flaccid and erect positions for Hims, a company which manufactures erectile dysfunction pills, adjoined by the slogan, "hard made easy."
Additionally, the MTA has previously rejected campaigns for Unbound and Thinx, both companies which place women's health and wellness at the forefront.
In their complaint, Dame Products alleges that the decision to reject their ads is founded on sexist beliefs that "privilege male interests" and that "reflect no legitimate principle of law."
In a statement on their website, Dame recently announced their decision to take legal action against the MTA.
Aside from the sexual health benefits that vibrators can provide, which would put them in the category of permissible material such as ED medication, Dame's argument speaks to a larger issue than whether or not sex toys are too obscene for New York's subway.
Earlier this morning, the company tweeted, "Patriarchy isn’t just in the algorithms. It’s also embedded in advertising guidelines, controlling what you see."
Co-founder Alexandra Fine recently told Vice that she hopes the lawsuit is able to bring about change in the MTA's policy that would allow for more fair, transparent processes. "And of course, that we too will be able to advertise amongst our sexually-oriented peers," she concluded.
Follow the story on social media using the hashtag #DerailSexism for more information.
