TORPY: MARTA prohibits advertisements for attorneys and massage establishments. What's the catch?

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MARTA has prohibited lawyers, massage parlors, and various other businesses from promoting their services on the agency's vehicles. Attorney John Foy currently has advertisements displayed on the front of over 400 out of the more than 500 buses in the MARTA fleet. (Bill Torpy/AJC)

Attorney John Foy, famously known as the "Strong Arm" from his widely recognized advertisements, claims he isn't offended. However, was it really necessary for MARTA to associate him with massage parlors?

Beginning January 1, the transit authority ceased accepting advertisements from companies like Foy, which typically covers around 80% of MARTA's fleet of over 500 buses.

"I've never come across an advertisement for a massage parlor on a bus," Foy remarked. "I'm not sure whether I should take offense."

Last year, MARTA “updated” its advertising policy, although comments from its board members indicated more like they were cleaning up.

Jennifer Ide, currently serving as the board chair, remarked that certain advertisements on buses appeared to be "somewhat cheesy."

In the previous year, a sales manager presented to the board the significance of ensuring a uniform brand image throughout all assets owned by MARTA.

"If advertisers view the Authority's facilities as a platform for promoting products and services that the typical rider finds less appealing, it will lead to a decrease in advertising rates and revenue."

The board has prohibited advertisements for alcohol, massage and tattoo studios, title pawn businesses or pawn shops, check cashing services, and legal practitioners.

I can't determine whether MARTA's "average riders" have a negative opinion about the products and services mentioned above. It's clear that many engage with them. The agency aims to provide a more stylish advertising experience.

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Certainly, preparing egg foo young typically requires breaking a few eggs. In this instance, the consequence is that MARTA will see a significant reduction in its advertising revenue, losing approximately $3.5 million annually. There are hopes to compensate for this loss by attracting advertisements from hospitals, as proposed by one board member, or potentially from nonprofit organizations, arts initiatives, or local retail businesses.

Granted, that ad money will not be missed because MARTA’s business is booming. (OK, OK. I kid. Last year the agency carried around 65 million passengers, as ridership slowly returns after COVID-19. But they used to have 170 million riders in 2001.)

MARTA operates with a total budget of $1.6 billion, which includes $654 million allocated for net operating expenses and $909 million designated for capital projects.

Foy estimates that he contributes around $1 million annually to MARTA's funds. His advertisements are displayed on the fronts of over 400 buses. One such bus, featuring a Strong Arm logo, collided with a car driven by a client of Foy's.

“The case went to trial and we secured a substantial verdict,” the attorney explained to me. “We file lawsuits against them regularly. It's not a personal matter.”

He went on to say, “I can’t say for sure if they feel like they’re being overwhelmed. They’re accustomed to being on the move every day.”

In other words, they fail spectacularly.

In fact, the lawsuits labeled as "nothing personal" serve as a major justification for the elimination of advertisements by attorneys.

"I am truly thrilled at the prospect of removing some of the plaintiffs' attorneys who are currently suing us from our assets," remarked board member W. Thomas Worthy, who happens to be a lawyer as well, though he wouldn't be the type to have his name plastered on a bus.

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Foy does indeed seek bus business. “If you’ve been injured in a bus accident in Atlanta, contact the experienced Atlanta personal injury lawyers at John Foy & Associates,” his website reads.

He figures he’s the No. 2 advertising attorney in Georgia behind the firm Morgan & Morgan — you know, “For the People.” But he adds he’s probably MARTA’s leading advertising lawyer. Or was. (His ads remain on a lot of buses. He figures they haven’t sold new ads yet, so he’s enjoying free advertising.)

"He remarked, 'It's fair to say that lawyers are the top purchasers of advertisements on MARTA.'"

According to Foy, the placards function as "mobile advertisements." He adds, "Fulton and DeKalb counties are locations where I want my presence to be recognized."

Nonetheless, he remarked, “I’m not targeting MARTA passengers. My focus is on individuals in vehicles, who are on the move.”

Lawyers specializing in advertising frequently face derision, often being labeled as opportunistic ambulance-chasers. However, they can indeed earn a substantial income. According to him, Atlanta has consistently ranked among the top three markets for legal advertising, a practice that became lawful following a landmark 1977 U.S. Supreme Court decision in Bates v. State Bar of Arizona. In this case, the Supreme Court determined that John Bates, a young attorney who ran an advertisement in a newspaper, was participating in commercial speech that is safeguarded by the First Amendment.

Billboard companies rejoiced, and attorneys have since confidently showcased their names and images everywhere.

Critics argue that when you contact such a company, you likely won't speak to the person featured on the advertisement. This may very well be true. However, it’s worth noting that if you reach out to Alston and Bird, you won't connect with either of them either.

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Foy, originally from Milwaukee, has been practicing law in Atlanta for nearly three decades. He began his career at Gilbert and Montlick, a firm known for its advertising, before launching his own billboard campaign. Today, he leads a team of 60 attorneys, and if you’ve suffered an injury and the other party has solid insurance coverage, he’s eager to connect with you.

The advertisements on buses are beneficial, but the majority of Foy's business originates from online marketing. He has invested tens of millions of dollars into this strategy and his website.

What can you tell me about the "Strong Arm"?

Catchy phrases are beneficial for attorneys in the personal injury field. After the advertising professional who created Ken Nugent's memorable tagline "One Call, That's All" moved on from working with him, he reached out to Foy with the idea for the "Strong Arm" slogan.

"I informed him that it was the most foolish thing I'd ever heard," Foy remembers. However, he soon understood that what seems foolish can actually be genius, and he has since secured a trademark for the phrase.

"That's an excellent hook," he remarks.

I couldn't help but inquire about the legendary strength of that arm. "What's your bench press max?"

Foy, a slender man, hesitated.

"I exercise daily," he remarked.