Are newspapers litter? By 50-0, Aldermen say yes
By Sarah Severson
A concerned group of publishers from 25 community and alternate newspapers came together Oct. 26 to meet with First Ward Ald. Manny Flores, who co-sponsored Section 10-8-270 of the City’s municipal code, which specifies proper distribution of commercial handbills, including newspapers.
The City Council voted on this section back in February, and it passed 50-0 what has been termed the “handbill ordinance” or “litter law.” This ordinance was created because commercial handbills allegedly cause substantial amounts of litter on city streets. The publishers, however, are concerned the City is encroaching on their freedom of speech and believe the ordinance will have a chilling effect on newspaper publishing. They have responded by advocating a change in the reference to distributing newspapers (Section 10-8-272).
Ronald Roenigk, publisher of Inside Publications, joined those who met with Flores, as did representatives from the Chicago Reader, Chicago Sun-Times, the Citizen, the Chicago Defender, and many others.
“We would like to have newspaper distribution removed from the legislation,” Roenigk said. “I don’t like that the City feels it has the right to regulate newspapers.”
Flores said the current law provides guidance on proper procedures for distributing commercial printed materials, including handbills, phone directories, journals, and newspapers. It states that unlawful methods include leaving stacks of papers on the ground without any means of securing them, but it offers suggestions for acceptable methods.
“Lawful methods of distribution include, but are not limited to, delivery materials that are bundled using cord or string or that are wrapped in plastic, and placing materials in bins provided for such purpose,” the ordinance states.
This section does not apply to materials distributed from newsstands or those delivered as part of a subscription.
“The reason for this ordinance is not to regulate newspapers but to control the likelihood for litter,” Flores said. “We’re asking for handbill distribution to follow a basic set of guidelines that keep our streets clean and litter free.”
Flores said he is committed to working with publishers to address their concerns and provide additional language in the legislation that alleviates their fears.
“I’m a big supporter of the free local newspaper, and our office is a place that always carries a number of local papers,” Flores said, “We believe in the service these newspapers provide by informing residents of news they wouldn’t get from larger papers. I want to be sure the law does not have unintended consequences on a very important industry and service. I hope my colleagues will join us in our efforts.”
The Alderman is assembling a task force of local publishers to address the issue and hopes to recommend changes to the legislation within the next two months.
Twenty-fifth Ward Alderman Danny Solis said litter is a concern in his area and that people have complained.
“I do think that some papers have become a nuisance in some neighborhoods, and that is what this legislation is trying to address,” Solis explained. “I don’t think in any shape or form that the legislation intended to hurt freedom of the press.”
Don Craven, attorney for the Illinois Press Association (IPA), said the organization’s members feel great concern about current limitations on newspaper circulation.
“The case law is clear that the constitutional freedom of the press extends to circulation,” he said. “If the government can throttle the circulation of newspapers, it won’t do much good to put ink on the paper if we can’t get the ink to anyone.”
The IPA has expressed its objections to Ald. Flores, Ald. Ed Burke (14th), and other City Council members and hopes the majority will see these limitations should not apply to newspapers.
Even if the law stands, it will have little effect on the Gazette, which is delivered directly to local businesses and institutions by its circulation staff and not left in the public way. Yet Mark Valentino, editor and publisher of the Gazette, objects to the law as currently written.
"At the Gazette we're opposed to litter too, but we're strongly opposed to anything that limits freedom of the press, and we think this law is like going after a fly with a bazooka," he said. "The greater problem than potential litter is that when some newspaper prints something a government official doesn't like, he or she could use this law as a convenient excuse to confiscate the publication. That's the kind of law more typical of the old Soviet Union than the United States.
"Thomas Jefferson said, 'If I had to choose between government without newspapers and newspapers without government, I should not hesitate to choose the latter.' Jefferson was a government official who clearly understood the danger of government limits on the press, and I hope our current officials will follow his lead," Valentino
