Section 910IAC2-8-5. Selective use of advertising media or content

   The selective use of advertising media or content when particular combinations thereof are used exclusively with respect to various housing developments or sites can lead to discriminatory results and may indicate a violation of IC 22-9.5. For example, the use of English language media alone or the exclusive use of media catering to the majority population in an area, when, in such area, there are also available non-English language or other minority media may have discriminatory impact. Similarly, the selective use of human models in advertisements may have discriminatory impact. The following are examples of the selective use of advertisement which may be discriminatory:

(1) Selective geographic advertisement may involve the following:

(A) Strategic placement of billboards.

(B) Brochure advertisements distributed within a limited geographic area by hand or in the mail.

(C) Advertising in particular geographic coverage editions of major metropolitan newspapers or in newspapers of limited circulation which are mainly advertising vehicles for reaching a particular segment of the community.

(D) Displays or announcements available only in selected sales office [sic., offices].

(2) Selective use of an equal opportunity slogan or logotype. When placing advertisements, use may involve placing the equal housing opportunity slogan or logotype in advertising reaching some geographic areas but not others or with respect to some properties but not others.

(3) Selective advertising may involve an advertising campaign using human models primarily in media that cater to one (1) racial or national origin segment of the population without a complementary advertising campaign that is directed at other groups. Another example may involve use of racially mixed models by a developer to advertise one (1) development and not others. Similar care must be exercised in advertising in publications or other media directed at one (1) particular sex or at persons without children. Such selective advertising may involve the use of human models of members of only one (1) sex or of adults only in displays, photographs, or drawings to indicate preferences for one (1) sex or the other or for adults to the exclusion of children.

(Civil Rights Commission; 910 IAC 2-8-5; filed Aug 20, 1993, 5:00 p.m.: 17 IR 38; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA)