PLAINTIFF CHANGE THE CLIMATE, INC.'S PRETRIAL DISCLOSURES

The plaintiff Change the Climate, Inc. discloses the following pursuant to Fed. R. Civ. P. 26(a)(3).

E. Witnesses

The plaintiff expects to call the following witnesses as trial.
Joe White
Robert Prince, Jr.
Michael Mulhern
Lucy Shorter
Elissa Albertelli
Lydia Rivera
Lisa Aunkst

Lori Jodoin - law student intern at Rodgers, Powers & Schwartz; will testify concerning advertisements currently displayed by MBTA.

Contact information for these witnesses has been previously disclosed or is known to the defendants. The plaintiff reserves the right to supplement this list seasonably prior to trial, call as witnesses any witness listed by the defendant, and call any witness for rebuttal purposes.

E. Deposition Testimony

There are no witnesses whose testimony the plaintiff now intends to present by means of deposition.

F. Documents or Other Exhibits

The plaintiff expects to offer the following documents or other exhibits at trial.

1. Change the Climate's three proposed advertisements submitted to the defendants for display on MBTA property in the spring of 1999.
2. Pages from plaintiff's web site, changetheclimate.org.
3. Gov sticks by pot ad fight, Boston Herald, September 21, 2000.
4. Cellucci just says no, Boston Herald, September 22, 2000.
5. T Officials not psyched by subway film posters, Boston Herald, November 20, 1998.
6. T slashes "Psycho" poster, December 1, 1998.
7. Now you see her, now you don't, People Magazine, December 7, 1998.
8. Phoenix Muzzle Awards, June 29-July 25, 2001.
9. Pro-pot ads rolling into city, Daily News, January 11, 2001.
10. Metro Displays Drug Ad That's Banned In Boston; Campaign Suggests Marijuana Use Be Decriminalized, Washington Post, January 4, 2001.
11. National Ad Campaign Assails Marijuana Penalties, The San Francisco Chronicle, January 4, 2001.
12. Moving Words; Massachusetts Bay Transportation Authority rejects ads from drug policy reform group, Reason, March 1, 2001.
13. Sign-off sheet used by the defendants for advertising decisions.
14. May 1999 day planner entries of Joe White.
15. Handwritten undated note to Albertelli from White concerning advertisements.
16. May 21, 1999 letter to Shorter from White.
17. January 4, 2000 letter from White to Albertelli, with attachments.
18. January 20, 2000 fax from Shorter to Albertelli, with attachments.
19. January 24, 2000 letter from Albertelli to White, with attachments.
20. January 2001 WBOQ radio interview of Lydia Rivera and Joe White.
21. Photographs of advertisements displayed on MBTA as of May 31, 2000.
22. Copies of plaintiff's advertisements run by Metro in Washington, D.C.
23. Advertisements displayed by MBTA sponsored by Office of a National Drug Control Policy.
24. MBTA refuses antidrinking ads, Boston Globe, January 9, 1999.
25. January 15, 1999 letter from ACLU of Massachusetts to General Counsel's office of MBTA regarding rejection of "Party Smart" advertisement.
26. Advertisements rejected by MBTA.
27. Advertisements containing commercial messages displayed by MBTA.
28. Advertisements containing political messages displayed by MBTA.
29. Advertisements containing public interest messages displayed by MBTA.
30. Advertisements containing religious messages displayed by MBTA.
31. January 15, 1993 Staff Summary Sheet .
32. The following MBTA documents:
    a. 1992 bid specifications
    b. 1993 Commercial and Public Service Advertising Policy
    c. 1995 Mabardy letter
    d. 1999 bid specifications
    The plaintiff may offer the following documents or other exhibits if the need arises:
33. All or part of the depositions of:
    a. Robert Prince
    b. Lucy Shorter
    c. Elissa Albertelli
34. Defendants' answers to the plaintiff's interrogatories. The plaintiff reserves the right to supplement this list seasonably prior to trial and to offer
    offer additional documents or evidence at trial the need for which the plaintiff cannot now reasonably anticipate.

CHANGE THE CLIMATE, plaintiff
By its attorneys,

Harvey A. Schwartz, BBO. # 448080
Kimberly Scheckner, BBO #638021
RODGERS, POWERS & SCHWARTZ
30 Federal Street
Boston, MA 02110
(617) 482-7771

Sarah Wunsch BBO # 548767
ACLU FDN. OF MASSACHUSETTS
99 Chauncy Street, Suite 310
Boston, MA 02111
(617) 482-3170 ext. 323

Date: January 9, 2002