Limiting such advertising amounts to limiting content, which is a fundamental no-no when it comes to the First Amendment, Popescu said. The type of advertising or signage that can be displayed on a newsrack is also limited. This implies a permit could be denied based on the name of the publication, Popescu said.ĭeputy City Attorney Jeff Ballinger said a name is required for contact purposes only and the ordinance doesn’t stipulate a permit will be rejected based the publication’s name. To get the permit, they have to submit the name of the publication that will go in the newsrack.
VINTAGE NEWSRACK FREE
They require newsrack owners to obtain a free permit to operate. He says it will cost about $20,000 to replace newsracks to comply with the aesthetic requirements if the ordinance.Īfter reviewing an online file posted on Big Bear Lake’s Web site that outlines the guidelines of both ordinances, Mihaela Popescu, an assistant professor at Cal State San Bernardino who specializes in First Amendment law, said the ordinances do present some potential problems. His biggest qualm is the financial impact. Jerry Wright, publisher of the weekly Big Bear Grizzly newspaper, said he doesn’t believe the city is violating free speech. This was the potential battle that could have ensued between the city and various publishers when a pair of ordinances that regulate the design and placement of newsracks received City Council approval in March.īut the ordinances didn’t stir up too much of a fuss and no legal action has been pursued against the city so far. BIG BEAR LAKE – First Amendment rights versus municipal regulation.
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