Port Authority of Allegheny County updated its staff dress code to prohibit the wearing of masks containing political or social justice messages, including those supporting Black Lives Matter and other movements.
The update has reportedly sparked some controversy among drivers.
Stephen Palonis, president of Amalgamated Transit Union Local 85, whose members include drivers, said the union’s legal team is investigating the policy to see if it violates any First Amendment rights.
The organization’s dress policy has precluded the display of political and social justice messages since the 1970s, Port Authority spokesman Adam Brandolph said. The official policy, which was shared with the Tribune-Review, states that “buttons, stickers, jewelry and clothing (including masks or other face coverings) of a political or social protest nature are not permitted to be worn.”
“That is the only thing that has changed in our policy,” Brandolph said. “Essentially it now extends to face coverings.”
The newest change was made July 23, in response to the state’s universal mask mandate that went into effect July 1. Since the mandate, masks are now part of the Port Authority uniform.
It’s not the first time the policy has caused disagreement. In 1971, drivers went on strike because of the policy, after Port Authority suspended drivers who wore buttons in support of Angela Davis, a Black civil rights activist who had been arrested on murder charges. She was later acquitted.
“It’s our position that no personal messages of any kind, whether that’s wearing a pin that supports the Pirates or the Penguins or even your favorite band or cartoon character, (should be) part of Port Authority’s uniform,” Brandolph said.
Bruce Ledewitz, a professor of law at Duquesne University School of Law, said the matter is one of what he called “viewpoint neutrality.”
Under the U.S. Constitution, employers have the right to ban all political messaging on clothing worn by employees, especially government employees, he said.
Ledewitz acknowledged many Black Lives Matter supporters would not describe the movement’s ideals as “political.”
“The right to life and opposition to police brutality, these are things that have widespread agreement,” he said. “But Black Lives Matter is more than that.”
An issue only arises when exceptions occur — when an entity allows some political messaging but draws the line with others. Then, it becomes discriminatory, Ledewitz said.
In other words, Port Authority must ban even messages that are innocuous or widely agreed upon. If they didn’t, Ledewitz said it could become “open season.”
“The only way Port Authority can keep drivers from having politically offensive messages on clothing is to ban all political messaging,” he said.
Teghan Simonton is a Tribune-Review staff writer. You can contact Teghan at 724-226-4680, tsimonton@triblive.com or via Twitter .
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August 01, 2020 at 02:21AM
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Union probes Port Authority dress policy, barring political statements on masks - TribLIVE
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