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Ky. newspaper sues over new anti-litter law

By The Associated Press
07.01.09

LOUISVILLE, Ky. — Kentucky's largest daily newspaper is suing Louisville metro government over an anti-litter ordinance that limits how its advertising supplements can be delivered.

The Courier-Journal argues in the federal lawsuit filed June 29 that the ordinance violates constitutional protections of free speech and press.

The measure requires that unsolicited written materials delivered to homes in Jefferson County be placed in specific areas, and not thrown into a front yard or driveway. The ordinance was prompted by the 340,000 ad supplements the newspaper delivers each week. It does not pertain to newspaper delivery. It sets fines of $100 to $200 for each violation.

The newspaper's attorney, Jon Fleischaker, said the ordinance violates First Amendment guarantees of free speech and press and the Eighth Amendment because it imposes potentially "excessive" fines.

He said it also violates the 14th Amendment, which protects against "arbitrary or capricious" government action. Fleischaker said the ordinance is not "rationally related to the harm it is attempting to remedy."

"We can distribute this protected material in an absolutely appropriate manner, and people can go around and pick them up and toss them places," he said. "All of a sudden, it's the (newspaper) that is subject to the fine."

The suit said the fines would add up to $68 million a week. The law is to take effect Aug. 25.

The primary sponsor of the ordinance, Councilman Brent Ackerson, said he hadn't seen the lawsuit. He referred questions to the Jefferson County attorney's office. Bill Patteson, a spokesman for the county attorney's office, refused to comment on the pending litigation.

The approved delivery places are in a distribution box; on a front porch; securely attached to the front door; or the material can be pushed through a mail slot; placed between the exterior and interior front doors; or left personally with the owner.

The newspaper's publisher and president, Arnold Garson, said the ordinance didn't affect only the newspaper. It's also "an issue for ... political candidates or anybody who would seek to provide information on a printed basis to the community at large. The ordinance, as written, leaves no efficient, effective way to do that."


Update
Federal judge won't halt Ky. city's anti-litter ordinance
Courier-Journal had sought preliminary injunction to block enforcement of Louisville law that limits how its advertising supplements can be delivered. 09.14.09

Related

Georgia high court strikes down ordinance barring delivery of free paper

'The Sylvania ordinance bans a substantial amount of speech that residents may want to hear,' justice writes for majority. 05.18.99

Municipal judge shreds argument that free newspapers are trash

Natchez, Miss., court finds anti-littering ordinance, as applied to newspapers, is 'vague' and 'ambiguous.' 01.22.03

Newspaper says anti-litter bill actually aimed at press
Editor says measure that would place fee on delivery of free printed materials is sponsors' attempt to retaliate against Tennessee newspaper for its coverage of them. 03.15.03

Settlement pre-empts Md. 'do-not-deliver' bills
Four newspapers agree to crack down on free deliveries to customers who don't want them, while lawmaker says she'll withdraw measures that would have fined publishers for failing to stop. 03.02.08

Delivery of ad shopper subject to sales tax, S.D. high court rules
Shopping News had argued that payments to drivers, carriers should be exempt because state law exempts advertising services. 04.29.08

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