Advertisements left on doors and car windows can highlight goods and services but, if unwanted, the fliers can be an eyesore and public safety hazard, according to one county councilman.

Councilman John Olszewski Sr., a Democrat, said a bill he's sponsoring in the council targets unwanted commercial advertisements that litter neighborhoods and help criminals identify unoccupied homes.

"(Companies) inundate people with these things they're just not interested in. It's getting to the point where it's overkill," said Olszewski, who represents the 7th District including Dundalk, Essex and part of Rosedale.

But some say the bill would violate the free speech rights of individuals and businesses.

"There is a First Amendment issue, a freedom of speech issue," said Councilman Sam Moxley, a Democrat who represents the 1st District including Arbutus and Catonsville. "In one way or another, you are stifling someone's speech."

Olszewski's bill, scheduled for a June 30 hearing, would create a so-called do-not-deliver list for those who do not want the advertisements that are left in doors and mailboxes. Businesses and individuals would be required to print a toll-free number on their fliers that residents could call to have delivery service discontinued.

The bill would also make it illegal to place leaflets and fliers on car windshields.

Violators could be fined $500 for the first offense and $1,000 for subsequent offenses.

Olszewski said he sponsored the bill at the request of constituents in his district.

Moxley said he's concerned the bill, while well-intentioned, goes too far.

"Litter is a real issue," Moxley said. "I can see that issue, but how do we balance it (with free speech rights)?"

Items falling under the bill's restrictions would include political fliers and even community newsletters, and Moxley said he's concerned it might result in "stifling our opponents' speech or a community associations' speech."

Olszewski believes the bill is sensitive to constitutional rights and added residents have the right to choose.

"It's your choice to not have (a flier) delivered to your property," Olszewski said. "you should have that right."

Olszewski acknowledged, however, that his bill needs some tinkering.

For instance, unclear in the bill is how it would be enforced. The bill mentions the director of Permits and Development Management, but Olszewski said it's not his intent to use that department's code enforcement officer to police the issue.

It is also unclear who will be fined. The county has a similar law that restricts signs being placed along county roadsides. Enforcement of that law has been difficult because it is unclear whether the advertised company or the company that places the signs is responsible.

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user comments (1)

user mikep says...

In the present County Zoning Code, it is not unclear who can be cited for illegal signs and fined. It states that "the Director of the Department of Permits and Development Management may hold the owner of a sign or any entity identified on a sign responsible". The proposed bill will establish the same regulation of "signs" placed on cars. It needs some corrections to ensure enforcement is possible. This bill is not a violation of free speech any more than existing limitations or prohibitions on signs.

Posted 11:44 AM, 06.25.09

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