We read:
"Middle Tennessee street newspaper The Contributor sued the city of Brentwood on Wednesday, claiming that an effort to clear newspaper vendors off its streets deprives them of free speech.
The Contributor, staffed mainly by the homeless and formerly homeless, and the American Civil Liberties Union filed suit in U.S. District Court in Nashville over Brentwood citing and fining eight of the newspaper’s street vendors.
In January, Calvin Hart, Andrew Harrington and several other vendors were cited after distributing the paper in Brentwood, which has caused other vendors of the newspaper to stay away from selling in the wealthy, suburban city, the suit states. Hart and Harrington also are plaintiffs in the lawsuit.
The lawsuit may be the first of its kind in the country concerning a street newspaper, and First Amendment scholars said the newspaper has a free speech case.
“It’s a time-honored First Amendment tradition that protects the right of people to lease, let and distribute newspapers and other materials,” said David Hudson, a scholar at the First Amendment Center in Nashville. “So a flat ban on such expressive activity would present serious First Amendment issues.”
A statement issued by the city said the main concern behind the ordinance is safety. “Walking into a public street to sell newspapers or anything else creates a safety risk,” the release stated. “It is not the City’s intention to prohibit the sale of newspapers, nor does the City wish to discriminate against anyone, including persons who happen to be homeless.”
Source
"Safety" seems a weak excuse to me
3 comments:
The staff of the Contributor began selling in a low-key fashion and nobody minded. Since then however, they have gotten much more militant and they've begun selling on very busy corners involving many lanes of traffic. In defense of Brentwood, it is only a matter of time before someone is severely injured, or worse. I would think long and hard about simply trying to cross the street in some of these locations let alone selling.
In watching the newspaper sellers proliferate and become more aggressive, it seems to me that they have gone too far. Early on, despite city ordinances, everyone looked the other way and bought a paper. The Contributor and their vendors have taken it too far now and drawn attention to their tactics. If Brentwood does nothing, they will be sued when someone is injured. Nevermind the fact that officers warned them.
I normally side with free speech every time. In this case, Brentwood has a valid point. They are selling newspapers in dangerous situations. What should Brentwood do? Step back, do nothing, and keep the ambulances warmed up?
Maybe its becuase the paper is conservative or will compete against their local birdcage linners
There is no defence to a city ordinance against the orderly and legitimate selling or distribution of newspapers.
However, if the sellers actually cause a nuisance or safety concern then a reasonable limit might be ok.
Sounds like if Anon 1:16 is right then Brentwood might just have a defence after all.
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