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]

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]