Newsrack Ordinance Slammed

by Thomas MacMillan | May 13, 2008 7:52 AM | | Comments (15)

051208_0007.jpgNews kiosks won’t be replacing boxes on downtown streets any time soon.

A City Hall proposal to group news boxes together in new kiosks ran into a barrage of criticism from media representatives and elected officials Monday night at the Board of Aldermen’s Legislation Committee, which tabled the proposal.

The ordinance would limit the number and placement of newspaper boxes in New Haven and also includes plans to create new “kiosks” that would consolidate multiple newspaper boxes into larger racks. (See previous Independent coverage here and here.)

Committee hairman Roland Lemar asked that the ordinance’s planners, Mike Piscitelli (transit chief, at left in picture) and Jennifer Pugh (deputy chief administrative officer, at right), hear from the committee and concerned parties. They got an earful.

051208_0008.jpgHill Alderman Jorge Perez (pictured, left) was among the most vocal opponents to the ordinance as it is currently worded. He complained that the proposal does not have clear enough criteria for acceptable newsracks and grants inordinate power to the director of the Department of Public Works. Perez said that granting the director of the DPW “sole and absolute discretion” when it comes to the creation and placement of kiosks would leave the city open to charges of infringement of First Amendment rights.

Piscitelli replied that the he didn’t see it as a problem. “It’s written that way,” he said, “but it’s hard for us to see the DPW acting in such a way that would rise to the level of a violation of constitutional rights.”

“I respectfully disagree,” replied Perez. “Stuff happens.” Perez warned that a lack of clear standards and criteria was an invitation for lawsuits. “You want to make it easy for the lawyers to sue you? Go ahead.”

051208_0011.jpgPerez wasn’t the only one worried about the First Amendment. Josh Mamis (pictured, right), publisher of the New Haven Advocate (which operates about 120 newsracks in New Haven), told the committee that the proposal’s prioritization of daily papers over weeklies amounts to an restriction of freedom of speech. The ordinance states that priority shall be given to newspapers published five or more days per week when determining which newsracks will remain. Mamis’ lawyer, Paul Guggina (pictured, left), argued that this language could represent an unconstitutional discrimination on the basis of content.

Mamis was also concerned about the DPW’s power to revoke a newspaper box permit at any time and what that meant for newspapers’ coverage of city government. “Do you have to worry what you write about?” he wondered before the meeting.

Furthermore, Mamis complained about the lack of communication from the city prior to the drafting of the ordinance, saying that he hadn’t even been aware that there was a problem with newsracks in the city. “I’ve never fielded a complaint,” he told the committee, “If there are problems I’d love to hear about them.”

Mamis said that most concerns about newsracks could be addressed by a simple requirement mandating the registration of all newspaper boxes with the city.

After the meeting, Piscitelli explained to Mamis that there had been an April 2 media briefing on the newsrack ordinance and that the Advocate had not been purposely excluded from the process. The April 2 briefing was City Hall’s regular monthly press briefing held to alert the press to upcoming issues. Mamis said that he had never been invited. (The Advocate is invited to the monthly City Hall press briefings, and regularly sends a reporter.)

Piscitelli told the committee that the ordinance would be revisited after more input from local media is obtained.







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Comments

Posted by: Darnell | May 13, 2008 8:18 AM

Another example of government trying to justify it's existence.

Posted by: A good night for the aldermen | May 13, 2008 8:33 AM

I agree with the Aldermen on this one - particularly Jorge Perez'z concerns. And Lemar has it right - the underlying objectives of cleaning up these eyesores, locating them in better locations and making them responsible for when they are damaged or are knocked over and litter is strewn throughout my neighborhod - those concerns are valid and worthy of support - but the regulatory powers conferred to our government are too much!

Posted by: Gary Doyens | May 13, 2008 9:25 AM

Excellent. This was a bad idea. Now - Advocate and others - clean up your mess around the box when you reload, maybe even between trips too and make sure your boxes are not blocking handicap parking. You'll be golden.

Posted by: DowntownNewHaven | May 13, 2008 9:53 AM

Perhaps the ordinance needs further study and clarification. Many other major American cities have well-designed kiosks, at least in certain areas (like BIDs). Districts can agree to government regulation if they deem it in their best interest. I think everyone would agree that a well-managed system of kiosks would raise the property values and attractiveness of downtown, without costing anything or seriously infringing on anyone's free speech.

Maybe the kiosks could be combined with a bicycle-share program, like they have in other countries, or with bus shelters. These kinds of things pay for themselves with advertising revenue.

Posted by: Joshua Mamis | May 13, 2008 10:40 AM

I strongly disagree with the contention that inviting reporters to a press briefing is the same as alerting the business leaders of a media organization about a proposed ordinance that affects their business. They are two very different things. If the City was considering a proposed ordinance affecting restaurateurs, they would never claim that an item in a press briefing was sufficient notice. Reporters do not regularly share information they receive in media briefings with the business side of a news organization, nor should they be expected to.
And, FYI: We make every effort to clean our boxes and respond to complaints. Feel free to contact our circulation manager, Jose Luyando, with concerns. His e-mail is jluyando@newhavenadvocate.com.

Posted by: nutmeg [TypeKey Profile Page] | May 13, 2008 10:52 AM

i like how the advocate publisher isn't aware of city hall's media briefing.

the problem with news boxes isn't legitimate rags like the advocate or la voz, it's all those auto and real estate circulars. unfortunately, a good finger wagging will not make these publications maintain their boxes.

Posted by: JP | May 13, 2008 10:56 AM

Whats wrong with all of you this should have been a no brainer instead of this http://img170.imageshack.us/my.php?image=newshc4.jpg
we will now and forever have this http://www.fecalface.com/blogs/music/6-27-06/IMG_1227.jpg
or this http://www.blainekendall.com/uploads/blog/10252006-NewspaperBowling-450.jpg
really great call.

Posted by: JP | May 13, 2008 11:00 AM

Joshua Mamis are you kidding walk by the D&D at 85 church street I think you could get tetanus just from walking by it.

Posted by: Joshua Mamis | May 13, 2008 11:26 AM

That has been a problem box for a long time -- for some reason people like to sit on it, kick it, stuff it with trash -- we have had a hard time maintaining it. But I will take another look and see what else we can do.

Posted by: JP | May 13, 2008 11:42 AM

Joshua Mamis why not replace it with a plastic box and move it between the bus stops on church so people stop useing it as a picnic bench/table. Also the register uses it as a news stand in the morning.

Posted by: on whalley | May 13, 2008 2:36 PM

JP,

So you believe that the front, sides, back, top and bottom of that pretty little wooden periodical hutch wont be vandalized? Wont have its door snapped off? Wont get its plastic plexi-glass windows smashed in? Wont have the papers it houses strewn all over the street?

Make it pretty and vandals wont touch it?

I'll accept that as a unit it is less likely to be knocked over but that's all I'll accept. Put the "prettiest" most uppity thing on Whalley Ave and the vandals, addicts, vagrants and general sociopaths will still attack it just as they always have. Even if our wonderful and caring Aldermen manage to ban spray paint to minors within city limits and fine the businesses whose property gets attacked for not cleaning the mess that is terribly expensive to clean and isn't their fault in the first place. If the city can fine the businesses for being victimized I suspect the businesses can fine the cops/city for allowing them to be victimized in the first place?

Yeah. Pretty magazine rack but it won't keep damage and vandalism away. Unless it's guarded by MP's and an electrified fence.

Posted by: easy | May 13, 2008 3:25 PM

MANY other cities and towns have done this. Don't reinvent the wheel. Just do a little research and see how for example they handle this in Boston.

Posted by: jt | May 13, 2008 3:46 PM

I love love love the idea of kiosks!!! Come on people, let's grow this city! New Haven has so much to offer people, but the thing is, we need to look and behave like the big boys! Let's step this up and stop thinking so small.

Posted by: JP | May 13, 2008 4:08 PM

on whalley,
1) Im not suggesting we put them in your neck of the woods where I agree they would be vandalized.
Just put them in the TGSSD.

2)If the city put them in and charge a condo fee say $35 per unit per month that would be $280.00/M we could design them in a way that should they be vandalized they would be easy to repaint or fix and the $280 should cover that.
Put the clean team on it and its good as new.

Posted by: JP | May 14, 2008 7:35 PM

They did change the box at 85 church as Mr. Mamis said they would.
Thanks again NHI!

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