05/12/1982 Meeting - Laserfiche WebLink

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e e . repeal of Section 4.055, thereby making it le9al to distribute commercial handbills in public places. He also recommended repeal of Subsection 3 of Section 4.060 regarding distribution of commercial or non-commercial handbills on private premises which are temporarily or continuously vacant. Mr. Swanson said that the intent of this subsection was to prevent hand-delivered materials from accumulating on the porches and doorsteps of homes or businesses whose owners were away. He said, however, that similar measures in other codes had been stricken as being too vague. He noted, for instance, that it is difficult, if not impossible, for a person distributing a handbill to determine whether an occupant is away for a few minutes or for a longer time. Mr. Swanson also recommended repeal of Section 4.070, which makes it illegal to distribute anonymous material. He said that the right to anonymous free speech is pro- tected under the First Amendment. Councilor Schue asked if the definition of handbill in Section 4.045 included political material. Mr. Swanson responded affirmatively. Ms. Schue asked if the owner of private property has the legal right to prohibit the distribution of material to residences or businesses on that property. She referred specifically to attempts by apartment building managers or owners to prevent distribution of political materials to residents of apartments. Mr. Swanson said he believed that property owners would have the legal right to make such a prohibition, both as the ordinance is drafted and as it is proposed for amendment. Ms. Smith said that many of her constituents had expressed concern about having handbills left at their homes when they are away. She asked whether there is a legal basis under City Code for enforcement of a sign posted by a resident requesting that handbills not be left on the premises. Mr. Swanson responded City ordinances would support enforcement of such a request as regards commercial materials, but that political materials would be viewed differently, since there is a difference under the law between commercial and political free speEch. He felt, however, that as a practical matter posting of such a sign would be a deterrent to distribution of all handbills. Ms. Wooten expressed concern regarding the issue raised by Ms. Schue. Ms. Wooten felt that allowing an apartment owner or manager to prevent delivery of hand- bills to apartment residents violates the rights of those residents to receive material and to be informed. Mr. Swanson said he was uncertain whether the manager or owner of an apartment building had the legal right to prohibit delivery of handbills without first obtaining the consent of residents of the building to such exclusion. He said that he would research this matter and report back to the council. He felt, however, that from a practical standpoint the manager of an apartment building would not prohibit distribution of handbills if the building's residents protested such a prohibition. Ms. Schue said she would vote in favor of the amendments before the council, with the understanding that Mr. Swanson would return with a response to her concern regarding dissemina- tion of political materials. MINUTES--Eugene City Council May 12, 1982 Page 7