Thanks all for your advice. It has been very helpful. I am in the process of contacting the district attorney before proceeding.

I agree with beignets and RobinD's advise, contact the district's attorney and get their opinion. Schedule a meeting with yourself, the attorney and the principal. Bring a list of all those businesses you are looking at approaching.

We have a local Bar/Restaurant that often buys advertisements for Booster Clubs, Adademic Clubs, etc (our PTO has never sold any for anything). When you see their ad in a school pamphlet it only advertises the restaurant, ie., lunch specials, Friday Fish Dinners, etc.- they keep mention of the tavern out of it.

I don't know what other types of businesses you are thinking of selling ads to but there are obvious "businesses" that probably should be avoided, if you know what I mean. Besides those, I don't know what other type of ad anyone could have problem with. If they have an issue about a nail salon or daycare, then they need to find a hobby (imho).

Keep in mind that, no matter what you do, you will never be able to fully please everyone and their opinions. Gather your information the best you can, follow your instinct and make your decisions. I'm sure it will turn out fine.

Although all the schools in our district have directories, only a few solicit ads to raise funds. They send the memo home with students, however, they don't go directly to the businesses. They end up with ads for families that have their own businesses.
I agree that if you openly solicit for ads, you will have to speak to the district attorney. You will also have to consider remaining consistent in who you offer this to. You can't exclude some for this purpose, but then if needing prizes for a gift auction, you ask for something. It needs to be all or nothing. But I see the point that a place only serving alcohol (not part of a family resterant) should not be included in a school document.

We do not sell ads, or do that type of directory, but our city has a strict policy that the schools can not support any one business for any reason.- That includes professional sports teams. We can "legally" get around it by sending flyers home that our separate 501(c)3 PTO is sponsoring a " Red Sox" day, so wear your Red , White and Blue.

As far as the Principal being concerned, unfortunately as the " Business Manager" of his school, that's part of his look-out.. and the heat's on him if the city attorney and superintendent get calls.

I would suggest perhaps setting up very specific guidelines BEFORE starting to solicit businesses. I know that our PTO would not sell ads to any bars but there are lots of other places.. tire stores, garden centers, doctors offices, kid-friendly places like skating rinks, or the YMCA summer camps. I also agree with beignets that you ask the principal to get the official OK from your district's attorney.

Another idea is that if you ask all those businesses to make those ads into " coupons" perhaps people will be less likely to complain.

we publish a directory, and we sell ads to parents and businesses. some parents just put in messages,,,,,they want to support the school. some have home businesses. we also have outside businesses advertise sometimes.

if i were you , i would direct all my legal type questions to the district lawyer that is responsible for your school and ptoa.

i never heard of someone suing a parent group, but i guess anything is possible. it sure wouldnt be good 'publicity' for the sue-er, would it, to take such a step.

I want to start selling advertising space for our student phonebook/directory. Targets would be local businesses. The directory only goes out to the families of the school.

Our principal is always concerned about lawsuits. He's concerned about two things:

1) What if reject an advertiser for whatever reason and they get mad, can they sue us for discrimination.

2) What if we publish an ad that someone finds offensive.

No. 2 stems from the fact that a few of the parents live near a pub-type of place that is not too far from the school. This parent is adament that the school not be associated with this pub in any way, shape or form. I said we wouldn't solicit them for an ad. But he wondered what if we accepted another ad from some place that another parent finds offensive. What are the ramifications? Can they sue the PTO?

I'm in publishing and my company's publication says it reserves the right to reject any ad at any time for any reason. It also says that it doesn't endorse or support any ads in the magazine.

Before I get into this any further with him, do any of your PTOs/PTAs publish a student directory, and if they do, do they sell ads?

Any advice would be appreciated.