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Women’s Sex Toy Start-Up Sues NY Transit System Over “Sexism” and “Censorship”

Published

4 years ago

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  • A sex toy company that makes products primarily for women had an ad campaign rejected by New York’s Metropolitan Transportation Authority.
  • The company claims that the MTA has a double standard when it comes to ads it will approve and is filing a lawsuit against them.
  • The company is accusing the MTA of gender bias, arguing that more explicit ads promoting sexual health to men have been allowed to run in the past.
  • The MTA says it plans to defend itself in the lawsuit.

MTA Rejects Marketing Campaign

A sex toy company by the name of Dame Products announced Tuesday that it is suing New York’s Metropolitan Transportation Authority, accusing the organization of gender bias after their ad campaign was denied.

Dame is a Brooklyn-based start-up that makes vibrators and sex toys primarily for women. The company says that its contact with the MTA began back in July, when it reached out to propose a product marketing campaign that would run on subways, buses, and other MTA locations. The company claims it was given the green light to start developing ads.

Dame started working with the MTA’s ad agency, Outfront Media, to create them. However, Dame says that once their team submitted those advertisements, they were rejected.

The MTA cited their newly updated policy on advertising and said these ads promoted a “sexually oriented business,” which their policy does not allow. The MTA then posted an FAQ on their advertising policy that included this rule.

“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,” their statement reads.

Dame, however, thinks that the MTA’s choice reflects a double standard with what the MTA does and does not consider to be too sexually explicit.

In their lawsuit, Dame is seeking damages and rights to run their ads with the MTA. Alexandra Fine, a co-founder and CEO of Dame, told Vice that she thinks their decision violates Dame’s first amendment right to free speech.

“We’re arguing that the MTA’s arbitrary censorship is unconstitutional because they have not clearly defined the term ‘sexually-oriented business,” Fine said. “It’s fully at their discretion who gets to use their platform, and that sort of censorship violates our first amendment rights.”

Comparisons to Other Ads

The ad in the campaign all depict images of the vibrators. Some include customer reviews on them, along with the slogan: “Toys, for sex.”

Photo via Dame
Photo via Dame

One just shows the slogan, while another includes the phrase “you come first.”

Photo via Dame
Photo via Dame

The only one with any human body parts shows a man and a woman’s hands touching, holding one of the products, along with a statistic about satisfaction rates that does not include any explicit language.

Photo via Dame

Dame claims that these ads are not nearly as suggestive as other ads that run on subways. Specifically, ads that are targeted to men. On their website, they point out companies that make medication for erectile dysfunction often use phallic imagery in their ads, but still are allowed to run on the subway.

Ad by Hims. Source: Dame.
Ad by Hims. Source: Dame.

In other cases, the companies also use suggestive phrases, ideas, or spell out what the product is directly.

Ad by Hims. Source: Dame.
Ad by Roman. Source: Dame.

Dame also pointed to ads run by the Museum of Sex and a bedsheet company called Brooklinen that include more explicit images and phrases. Those ads are also allowed to run on the subway.

Ad by Museum of Sex. Source: Dame.
Ad by Brooklinen. Source: Dame.

In their lawsuit, Dame claims that the MTA allows ads for breast implants and condoms as well. Dame argues that in comparison, their ads were not as suggestive or graphic.

In a complaint obtained by Vice, Dame says that the MTA tolerates ads that cater to the sexual needs of men, but not women.

“The MTA’s decision to reject Dame’s advertisements reflects no legitimate principle of law. Instead, it reveals the MTA’s sexism, its decision to privilege male interests in its advertising choices, and its fundamental misunderstanding of Dame’s products, which have transformed the sexual health and wellness of more than 100,000 consumers,” the complaint reads.

On its website, Dame goes on to say that this issue also goes beyond basic sexual pleasure. They claim that their products are catered towards health benefits as well.

“Vibrators are regularly prescribed by doctors as a drug-free, affordable solution for low-libido, arousal disorders, and sexual function issues for those recovering from abuse, cancer, and more,” a statement reads.  “If vibrator companies can’t advertise, those people won’t know what options are available to them.”

Past Complaints Against MTA

This is not the first time a company has accused the MTA of gender discrimination when it comes to advertising. In 2015, Thinx, a period underwear company, was told by the MTA’s ad agency that its ads depicting a grapefruit and egg yolk were too explicit. Its photos of women wearing the product accompanied by the slogan “underwear for women with periods” were also allegedly rejected.

Photo via Thinx
Photo via Thinx
Photo via Thinx

They went public with this rejection and ended up getting approved to run their ads.

Dame is also taking a very public approach with their situation. The company is encouraging people to use the hashtag #DerailSexism to join a conversation about the MTA’s decision. One user pointed out that while these ads are banned on the subway, women who use public transport are often subject to sexual harassment.

Still, a spokesperson for the MTA defended their decision. They told Reuters that the organization is “constitutionally entitled to draw reasonable content-based distinctions.”

The MTA also says they plan to defend themselves against the lawsuit.

See what others are saying: (Vice) (Reuters) (Forbes)

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U.S.

White Supremacist Propaganda Reached Record High in 2022, ADL Finds

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2 weeks ago

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March 9, 2023

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 “We cannot sit idly by as these extremists pollute our communities with their hateful trash,” ADL CEO Jonathan Greenblatt said.

White supremacist propaganda in the U.S. reached record levels in 2022, according to a report published Wednesday by the Anti-Defamation League’s Center of Extremism.

The ADL found over 6,700 cases of white supremacist propaganda in 2022, which marks a 38% jump from the nearly 4,900 cases the group found in 2021. It also represents the highest number of incidents ever recorded by the ADL. 

The propaganda tallied by the anti-hate organization includes the distribution of racist, antisemitic, and homophobic flyers, banners, graffiti, and more. This propaganda has spread substantially since 2018, when the ADL found just over 1,200 incidents. 

“There’s no question that white supremacists and antisemites are trying to terrorize and harass Americans with their propaganda,” ADL CEO Jonathan Greenblatt said in a statement. “We cannot sit idly by as these extremists pollute our communities with their hateful trash.” 

The report found that there were at least 50 white supremacist groups behind the spread of propaganda in 2022, but 93% of it came from just three groups. One of those groups was also responsible for 43% of the white supremacist events that took place last year. 

White supremacist events saw a startling uptick of their own, with the ADL documenting at least 167, a 55% jump from 2021. 

Propaganda was found in every U.S. state except for Hawaii, and events were documented in 33 states, most heavily in Massachusetts, California, Ohio, and Florida.

“The sheer volume of white supremacist propaganda distributions we are documenting around the country is alarming and dangerous,” Oren Segal, Vice President of the ADL’s Center on Extremism said in a statement. “Hardly a day goes by without communities being targeted by these coordinated, hateful actions, which are designed to sow anxiety and create fear.”

“We need a whole-of-society approach to combat this activity, including elected officials, community leaders, and people of good faith coming together and condemning this activity forcefully,” Segal continued. 

See what others are saying: (Axios) (The Hill) (The New York Times)

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Business

Adidas Financial Woes Continue, Company on Track for First Annual Loss in Decades

Published

3 weeks ago

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March 8, 2023

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Adidas has labeled 2023 a “transition year” for the company. 

Yeezy Surplus 

Adidas’ split with musician Kanye West has left the company with financial problems due to surplus Yeezy products, putting the sportswear giant in the position to potentially suffer its first annual loss in over 30 years. 

Adidas dropped West last year after he made a series of antisemitic remarks on social media and other broadcasts. His Yeezy line was a staple for Adidas, and the surplus product is due, in part, to the brand’s own decision to continue production during the split.

According to CEO Bjorn Gulden, Adidas continued production of only the items already in the pipeline to prevent thousands of people from losing their jobs. However, that has led to the unfortunate overabundance of Yeezy sneakers and clothes. 

On Wednesday, Gulden said that selling the shoes and donating the proceeds makes more sense than giving them away due to the Yeezy resale market — which has reportedly shot up 30% since October.

“If we sell it, I promise that the people who have been hurt by this will also get something good out of this,” Gulden said in a statement to the press. 

However, Gulden also said that West is entitled to a portion of the proceeds of the sale of Yeezys per his royalty agreement.

The Numbers 

Adidas announced in February that, following its divergence from West, it is facing potential sales losses totaling around $1.2 billion and profit losses of around $500 million. 

If it decides to not sell any more Yeezy products, Adidas is facing a projected annual loss of over $700 million.

Outside of West, Adidas has taken several heavy profit blows recently. Its operating profit reportedly fell by 66% last year, a total of more than $700 million. It also pulled out of Russia after the country’s invasion of Ukraine last year, which cost Adidas nearly $60 million dollars. Additionally, China’s “Zero Covid” lockdowns last year caused in part a 36% drop in revenue for Adidas compared to years prior.

As a step towards a solution, Gulden announced that the company is slashing its dividends from 3.30 euros to 0.70 euro cents per share pending shareholder approval. 

Adidas has labeled 2023 a “transition year” for the company. 

“Adidas has all the ingredients to be successful. But we need to put our focus back on our core: product, consumers, retail partners, and athletes,” Gulden said. “I am convinced that over time we will make Adidas shine again. But we need some time.”

See what others are saying: (The Washington Post) (The New York Times) (CNN)

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U.S.

Immigration Could Be A Solution to Nursing Home Labor Shortages

Published

3 weeks ago

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March 7, 2023

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98% of nursing homes in the United States are experiencing difficulty hiring staff. 

The Labor Crisis 

A recent National Bureau of Economic Research paper has offered up a solution to the nursing home labor shortage: immigration. 

According to a 2022 American Health Care Association survey, six in ten nursing homes are limiting new patients due to staffing issues. The survey also says that 87% of nursing homes have staffing shortages and 98% are experiencing difficulty hiring. 

The National Bureau of Economic Research (NBER) outlined in their paper that increased immigration could help solve the labor shortage in nursing homes. Immigrants make up 19% of nursing home workers.

With every 10% increase in female immigration, nursing assistant hours go up by 0.7% and registered nursing hours go up by 1.1% And with that same immigration increase, short-term hospitalizations of nursing home residents go down by 0.6%.

The Solution 

Additionally, the State Department issued 145% more EB-3 documents, which are employment-based visas, for healthcare workers in the 2022 fiscal year than in 2019, suggesting that more people are coming to the U.S. to work in health care. 

However, according to Skilled Nursing News, in August of 2022, the approval process from beginning to end for an RN can take between seven to nine months. 

Displeasure about immigration has exploded since Pres. Joe Biden took office in 2021. According to a Gallup study published in February, around 40% of American adults want to see immigration decrease. That is a steep jump from 19% in 2021, and it is the highest the figure has been since 2016.

However, more than half of Democrats still are satisfied with immigration and want to see it increased. But with a divided Congress, the likelihood of any substantial immigration change happening is pretty slim. 

See what others are saying: (Axios) (KHN) (Skilled Nursing News)

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