[OMS_MANAGERS] Real estate/flyer boxes on the street

[Dan Fleishman]

At the risk of getting all legally-technical on everyone, the subject of regulating newspaper vending boxes was the subject of 1987 US Supreme Court decision.  One description of the case is:

The Court held that the licensing ordinance was facially invalid since it gave Lakewood's mayor unbridled discretion to discriminate against permit seekers, based on the content of their publications and viewpoints. This, in turn, promoted self-censorship by publishers and other speakers who sought to curry favor with the mayor's officer in order to secure the approval of their licensing requests. The Court added that while cities may require the periodic licensing of newsracks on public property, even subjecting such procedures to reasonable restrictions, they may not use language which is so open-ended as to give city officials unlimited subjective discretion over permit approvals.

Search for City of Lakewood v Plain Dealer Publishing if you want to read more detail.

Cities should consult with their City Attorney and tread carefully to make sure that the regulations that they put in place are completely “content neutral” and can’t be interpreted as favoring one type of speech over another.


Dan Fleishman
Planning and Development Director
City of Stayton
362 N Third Avenue
Stayton, OR 97383

Ph 503-769-2998

www.staytonoregon.gov<http://www.staytonoregon.gov>


From: OMS_MANAGERS [mailto:oms_managers-bounces at listsmart.osl.state.or.us] On Behalf Of STUART Sheri * OPRD
Sent: Monday, October 15, 2018 3:08 PM
To: Oregon Main Street program managers <oms_managers at listsmart.osl.state.or.us>
Subject: Re: [OMS_MANAGERS] Real estate/flyer boxes on the street

The main issue that comes up is the publisher’s First Amendment rights versus a municipalities concerns regarding aesthetics and safety. Attached is an older article from Downtown Idea Exchange that discusses this in more depth.

Fun fact: with the decline in print newspaper circulation, a lot of former newspaper boxes are being converted to “little libraries”: https://www.pinterest.com/ltlfreelibrary/newspaper-box-libraries/

From: OMS_MANAGERS [mailto:oms_managers-bounces at listsmart.osl.state.or.us] On Behalf Of Manvel, Evan
Sent: Monday, October 15, 2018 9:33 AM
To: 'Oregon Main Street program managers'
Subject: Re: [OMS_MANAGERS] Real estate/flyer boxes on the street

Lots of communities go to a joint kiosk/box to reduce clutter.

Not sure if there are any laws preventing that in Oregon, but Fort Collins is a good example. I bet the Fort Collins DBA would help talk about them
https://downtownfortcollins.com/

Jersey City adopted maintenance standards, etc.
https://www.nj.com/hudson/index.ssf/2018/06/jersey_city_unveils_new_rules_for_newspaper_boxes.html

Toronto
http://www.bricoleurbanism.org/urban-design/newspaper-box-consolidation-project/

Presume there are examples in Oregon, too!

Evan

[cid:image001.jpg at 01D4649D.57D113F0]

Evan Manvel
Land Use and Transportation Planner
Oregon Department of Land Conservation and Development
635 Capitol Street NE, Suite 150 | Salem, OR 97301-2540
Direct: 503-934-0059 | Main: 503-373-0050
evan.manvel at state.or.us<mailto:evan.manvel at state.or.us> | www.oregon.gov/LCD<http://www.oregon.gov/LCD>



From: OMS_MANAGERS [mailto:oms_managers-bounces at listsmart.osl.state.or.us] On Behalf Of Downtown Bend
Sent: Sunday, October 14, 2018 6:51 AM
To: Oregon Main Street program managers <oms_managers at listsmart.osl.state.or.us<mailto:oms_managers at listsmart.osl.state.or.us>>
Subject: [OMS_MANAGERS] Real estate/flyer boxes on the street

Greetings,

Here in Downtown Bend, we have a problem with boxes on the street for distributing materials.  Currently, anyone can put a stand/box out (for free), and it's creating an eyesore on our streets.
[Screen Shot 2018-10-14 at 6.45.13 AM.png]

I am requesting that the City of Bend create a code or policy to limit the number of units and specify how they can look and how they need to be maintained.

Do any of you have experience with a similar issue and can you share with me how you solved it?

Thank you.

Mindy Aisling
Executive Director
--------------------

[Image removed by sender.]

Downtown Bend Business Association
Talk or Text - 541-788-3628    www.downtownbend.org<http://www.downtownbend.org>
916 NW Wall Street in Downtown Bend Oregon

We are a nonprofit committed to increasing
the vitality of Downtown Bend.







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