Hudson Jr., a scholar with the First Amendment Center – an organization that examines freedom of speech issues with offices in Nashville, Tenn., and Washington, D.C – said the high court has twice invalidated ordinances that regulated newsracks. The issue has resulted in plenty of legal squabbles, and some have made it all the way to the U.S. They also mandate all newsracks follow identical design guidelines within three years. The ordinances also prohibit any newsracks made of plastic, wood or wire from being outdoors. This can also be a form of content regulation because it implies that a permit could be denied if the authority that’s processing it doesn’t approve of the switch, Popescu said.īallinger said this provision is also for identification purposes and is only required so the city can contact the publication if there’s some sort of issue with their newsrack. The ordinances also require newsrack operators to obtain a new permit if they want to change the publication in the newsrack. News rack permits are required whenever a news rack is placed within the city. Newsracks plastered with signs are considered to be “off-site signs” similar to billboards, Ballinger said, and the Supreme Court has given cities the authority to ban billboards. You must obtain a new permit annually prior to placing furnishings related. The provision was included so newsracks would be used to distribute newspapers and not used as signs, Ballinger said. Limiting such advertising amounts to limiting content, which is a fundamental no-no when it comes to the First Amendment, Popescu said. The type of advertising or signage that can be displayed on a newsrack is also limited. This implies a permit could be denied based on the name of the publication, Popescu said.ĭeputy City Attorney Jeff Ballinger said a name is required for contact purposes only and the ordinance doesn’t stipulate a permit will be rejected based the publication’s name. To get the permit, they have to submit the name of the publication that will go in the newsrack. #NEWSRACK THEY LIVE FREE#They require newsrack owners to obtain a free permit to operate. Calculated by analysing annual financial records and live events, the credit. He says it will cost about $20,000 to replace newsracks to comply with the aesthetic requirements if the ordinance.Īfter reviewing an online file posted on Big Bear Lake’s Web site that outlines the guidelines of both ordinances, Mihaela Popescu, an assistant professor at Cal State San Bernardino who specializes in First Amendment law, said the ordinances do present some potential problems. The recommended credit limit ensures credit terms can be agreed with confidence. His biggest qualm is the financial impact. Jerry Wright, publisher of the weekly Big Bear Grizzly newspaper, said he doesn’t believe the city is violating free speech. This was the potential battle that could have ensued between the city and various publishers when a pair of ordinances that regulate the design and placement of newsracks received City Council approval in March.īut the ordinances didn’t stir up too much of a fuss and no legal action has been pursued against the city so far. BIG BEAR LAKE – First Amendment rights versus municipal regulation.
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