NEWS

Free-speech concerns delay ordinance hearing

Bylaw would target for-profit newspaper deliveries

Mark Reynolds
mreynold@providencejournal.com

PROVIDENCE — A hearing on a proposed ordinance to address "Mass Outdoor Deliveries" to residents was continued Tuesday by the City Council's Ordinance Committee so First Amendment issues could be addressed. 

Councilwoman Jo-Ann Ryan said she and other members of the ordinance panel are working with legal counsel to tune the ordinance in a way that addresses concerns raised by The Providence Journal and by freedom of speech advocates such as the American Civil Liberties Union of Rhode Island and the New England First Amendment Coalition.

 A draft version of the proposed ordinance is described as an "opt-in" requirement for "Mass Outdoor Deliveries."

It defines such deliveries as "items, packages, or promotional materials" from a "for profit entity ... that results in delivered items being left outdoors or unsecured by a mail or delivery receptacle."

The proposed ordinance would make it illegal to make mass outdoor deliveries to residents who have not given their consent to delivery.

Critics of the proposal, including the ACLU, assert that the proposed language singles out "for profit" newspapers while affording other interests, such as political candidates, the freedom to leave solicitations for donations.

 "This not only makes it difficult for newspapers to inform their communities but it also decreases circulation and the ad revenue needed to sustain their respective newsrooms," says a joint letter submitted by the ACLU, NEFAC and the Rhode Island Press Association.

Other similar laws attempted in Illinois and in Georgia were found unconstitutional in the late '90s, says the letter.

Ryan says that she and a city lawyer, David Ellison, think they have an approach that will address the First Amendment issue. An amendment to the proposed law is in the works, said Ryan, who declined to specify further.

The focus of the proposed ordinance is material that critics consider to be litter. 

"The litter concern is The Providence Journal," said Ryan, who represents Ward 5.

Both advertising sections and unwanted editions of the newspaper are littering the city because The Journal's "opt-out" system isn't functioning sufficiently, Ryan said.

— mreynold@providencejournal.com

(401) 277-7490

On Twitter: @mrkrynlds