While you wait for the City of Seattle to respond to the yellow pages publishers’ latest motion in court, which challenges our phone book ordinance as being unconstitutional, take a look at its response (.pdf) to the original lawsuit (.pdf) filed in November.
Basically in a nutshell, it’s the same thing again and again and again. The yellow pages publishers claim that the ordinance, which bans them from distributing yellow pages to people on a city-regulated opt-out list is a violation of their free speech rights. But the city, in its response dated Dec. 15 denies that the ordinance is unconstitutional.
“We are regulating the delivery of yellow pages to people who don’t want it,” said Jean Boler, civil division chief in the Seattle City Attorney’s Office. “Government has an interest in doing this in response to citizen complaints. We are taking a very narrow way of regulating yellow pages—we are asking them to pay a fee that will cover the recycling costs that the public has to pay instead.”
Bottom line, the city’s concern outweighs the Yellow Pages Association’s concern. Since yellow pages fall under commercial speech, the city can regulate it as long as they do it in a narrow way (that is not impose hefty fines or penalties), Boler said. “We are regulating them not on content but on complaints of unsolicited paper sent to peoples’ doorsteps.”
The city has three weeks to respond to the most recent motion filed by yellow pages publishers in U.S. District Court yesterday.
First it was war. Now they’re hitting back.
Good thing nobody brought a folding knife to a gun fight.
Oh right. It’s not a violation of the First Amendment to keep unsolicited paper off people’s doorsteps? And then you’re going to tell me that I can’t peaceably assemble other people against their will? Nor can I put their names down on my petition? And I suppose it’s not a violation of the Second Amendment to keep unsolicited bullets out of other people’s bodies?
I’m pretty sure Justice Anton Scalia is going to beg to differ with you people.
Another paper domino falls flat on it’s face.
I have yet to hear the YPA explain how the First Amendment gives them a constitutionally protected right to dump unwanted garbage on my doorstep.
* crickets chirping *
@2, you have a right to speak, not to be heard. Private property is not your podium.
Jesus, just pass an ordinance making it illegal to drop off any unsolicited materials on privately owned property without prior consent. Your first amendment rights end at my property line. What is so difficult about this? Yes, this will fuck other services–but again, MY property line. Make it an equal criminal penalty to dumping and we’re done.
@5
Oh. Thanks.
What about the part about the bullets?