The Ann Arbor Chronicle » handbills http://annarborchronicle.com it's like being there Wed, 26 Nov 2014 18:59:03 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.2 Ann Arbor Tables “No Newspaper” Law http://annarborchronicle.com/2011/12/06/ann-arbor-tables-no-newspaper-law/?utm_source=rss&utm_medium=rss&utm_campaign=ann-arbor-tables-no-newspaper-law http://annarborchronicle.com/2011/12/06/ann-arbor-tables-no-newspaper-law/#comments Tue, 06 Dec 2011 05:13:25 +0000 Chronicle Staff http://annarborchronicle.com/?p=77082 At its Dec. 5, 2011 meeting, the Ann Arbor city council tabled a revision to its littering and handbill ordinance that was meant to give residents the ability to regulate the kinds of newspapers that are deposited onto their property. The ordinance was aimed in part at publications that are delivered free in the community. The ordinance would make it a misdemeanor to deposit a newspaper on someone’s property, if a notice forbidding delivery of that specific newspaper is posted on the front door. The misdemeanor is punishable by a combination of a fine up to $500 and 90 days in jail. [.pdf of marked up version of ordinance]

The ordinance would also create liability not just for the person who might deposit commercial handbills or newspapers onto someone’s property, but also for the corporate entities who “cause” that activity to take place.

First Amendment issues raised by the city’s attempt to restrict unwanted delivery include the possibility that the proposed ordinance has created a content-based distinction between newspapers and commercial handbills. [.pdf of City of Fresno v. Press Communications, Inc. (1994)] However, the U.S. Supreme Court has established a right of residents to regulate the degree to which they must contend with printed matter delivered to their property. [.pdf of Rowan v. U.S. Post Office Dept. (1970)] And in a more recent New York Supreme Court case, the court ruled that “neither a publisher nor a distributor has any constitutional right to continue to throw a newspaper onto the property of an unwilling recipient after having been notified not to do so.” [.pdf of Kenneth Tillman v. Distribution Systems of America]

Carsten Hohnke (Ward 5) indicated that the ordinance was expected to be taken up again sometime in January 2012.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link]

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Ann Arbor: “No Newspaper” Law Delayed http://annarborchronicle.com/2011/11/21/ann-arbor-no-newspaper-law-delayed/?utm_source=rss&utm_medium=rss&utm_campaign=ann-arbor-no-newspaper-law-delayed http://annarborchronicle.com/2011/11/21/ann-arbor-no-newspaper-law-delayed/#comments Tue, 22 Nov 2011 04:04:10 +0000 Chronicle Staff http://annarborchronicle.com/?p=76389 At its Nov. 21, 2011 meeting, the Ann Arbor city council postponed consideration of a revision to its ordinance on the distribution of handbills and newspapers that, among other things, would give residents the ability to prevent delivery of any undesired newspaper onto their porches by posting a notice expressly forbidding the delivery of a specific paper.

The ordinance revision reads in part: “No corporation, limited liability company, or partnership and no corporate officer or director, managing member, partner, or other person shall cause to be placed any newspaper upon private property where there is a notice posted on the front door of the structure on the property that the occupant forbids the delivery of that specific newspaper. ” [.pdf of marked up version of ordinance]

The council postponed the ordinance revision to its next meeting, on Dec. 5, because the content of the proposed revision had not been disseminated to the public in a timely way before the meeting.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link]

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