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Local Ordinances Can Impact Non-Subscriber Distribution
Local Ordinances Can Impact Non-Subscriber Delivery
The Courier-Journal filed a lawsuit Monday against Louisville metro government over an anti-litter ordinance that the newspaper says violates constitutional protections of free speech and the press. The ordinance, targeted at the Courier-Journal's TMC products distributed Wednesday and Saturday, would affect anyone delivering fliers or other printed materials. As reported, The Courier Journal delivers some 340,000 pieces weekly that are not "opt -in" . The ordinance recently approved by the local government to be effective Aug. 25th requires that unsolicited written materials be placed in specific areas and not tossed into a front yard or driveway. Those approved places are in a "distribution box" - newspaper tube; on a front porch; attached to the front door; placed through a mail slot; placed between the exterior and interior front doors; or left personally with the owner.
The attorney representing The Courier-Journal, said the ordinance violates First Amendment guarantees of free speech and press and the Eighth Amendment because it imposes potentially "excessive" fines and it violates the 14th Amendment, which protects against "arbitrary or capricious" government action, because it is not "rationally related to the harm it is attempting to remedy." The ordinance establishes fines of $100 to $200 for each violation that could be imposed on individual carriers or the newspaper. The suit says the fines could add up to $68million a week.
Before the ordinance was passed, the newspaper volunteered to cease delivery of the supplements to most multiple-resident dwellings, make it easier for residents to access the paper's "do not deliver" list and step up enforcement of the list with carriers. The newspaper currently prints the "do not deliver" phone number and address on the bags that contain the inserts and zoned community news products. The newspaper has said all of those options are still available if city officials want to reconsider the ordinance. Those options "are acceptable to us. The ordinance is not," explained Arnold Garson, president and publisher of The Courier-Journal.
The ordinance does not apply to delivery of the newspaper itself to home delivery subscribers or the CJ's opt-in non subscriber publications.
Source: The Courier Journal
Published
Jul 02 2009, 09:24 AM
by
jmurray
About jmurray
John Murray came to NAA in 1997 after 18 years of newspaper marketing experience. Most of that time was in circulation management positions. But he attributes much of his career success to also having spent time in newspaper promotion, research, strategic planning, community relations, and advertising which provided a broader context to his newspaper marketing expertise.
Prior to NAA John worked at Fort Wayne Newspapers, the business agency for The News Sentinel and Journal Gazette, where he was circulation director for both papers for seven years. After graduation from Louisiana State University he was recruited by Sears for retail management assignments. He began his newspaper career at the Columbus (Ga.) Ledger-Enquirer and was a participant in Knight Ridder’s Circulation Management Development Program.
At NAA John is responsible for Audience Development initatives, and serves as resource to newspaper executives charged with marketing the newspaper to readers, and audience metrics issues. John’s is the staff liaison for the NAA/ ABC Committees and serves as a resource to our advertisers regarding newspaper circulation and readership.
Recent publications produced by the circulation marketing department include: Understanding the Value of Newspapers - The Relationship Between Price Paid and Readership, NAA’s 2009Circulation Facts, Figures and Logic and Independant Contractor Relationships.
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