Officials say Smith will veto do-not-deliver bill
Group says bill affects free newspapers; measure will likely be redone
By Bryan P. Sears, bsears@patuxent.com
Posted 7/09/09
The council unanimously passed the bill Monday night.
On Wednesday, John Murphy, executive director of the Maryland-Delaware-DC Press Association asked Smith in a letter to veto the bill, citing concerns an amendment designed to exempt newspapers inadvertently made free community newspapers subject to the law.
Councilman John Olszewski Sr., a Democrat who sponsored the bill, said he also asked Smith to veto the bill after county attorneys and the council's own attorney determined the amendment could be interpreted to single out free newspapers.
"I've asked the county executive to veto the bill so I can clean up the language and re-introduce the bill on Aug. 4," said Olszewski, who represents Dundalk, Essex and part of Rosedale.
Olszewski, who proposed the amendment Monday night called the problem "a drafting error."
Don Mohler, a spokesman for Smith, confirmed that Olszewski had made the request and said Smith will likely veto the bill when he returns from visiting a daughter who is expecting to have a baby this week.
The request means Smith becomes the first Baltimore County Executive in more than a decade to veto a bill.
Mohler said Smith asked the county attorney to review the recently passed law after receiving Murphy's letter.
In that letter, Murphy expressed concerns about the bill as it was written before a June 30 public hearing. At that session, he provided a suggested amendment to Councilman John Olszewski Sr., the sponsor of the bill. The amendment was designed to protect all newspapers from possible fines and eliminate a potential First Amendment challenge to the bill.
“Instead, (Olszewski) adopted a narrow definition of newspapers used in state law to determine which publications are eligible to carry public notice advertising,” Murphy wrote. “The effect (of the amendment) would be to have all free newspapers subject to the provisions of the bill. This includes many of our members, including the Towson Times, Northeast Booster, Owings Mills Times, the Baltimore Guide, the Baltimore Times and the East County Times.”
Some of the papers mentioned in Murphy’s letter have a sales price when purchased at a store or newsstand, but are delivered free to homes.
Murphy, in his letter to Smith, said the association would be willing to work on revised legislation.
“If you will agree to veto the bill, we are willing to work with you to achieve (Olszewski’s) intended purpose of eliminating litter caused by unwanted advertising fliers,” Murphy wrote.
The council unanimously passed the bill Monday night.
Businesses and individuals who deliver advertising fliers to county homes would be required to print a toll-free number on their fliers that residents could call to have such deliveries discontinued.
The bill also makes it illegal to place leaflets and fliers on car windshields.
Violations are punishable by a $500 for the first instance and $1,000 for subsequent incidents.
Mohler said the county attorney's review confirmed the concerns of the press association.
"You certainly could infer that it applied to (free) newspapers," Mohler said.
Olszewski, repeating comments he made in an interview last month, said he never intended the bill to be used to target newspapers.
Mohler said the Smith ordered the review of the bill because he did not want the law "to prevent the delivery of free newspapers. The county executive believes those publications are a valuable resource that county residents want to receive.”
Vetoes of bills passed by the council are exceedingly rare especially given that the council passes most laws by unanimous, 7-0 vote. The council needs 5 votes to override a veto.
Councilman Kevin Kamenetz, a Democrat in his fourth term, said a veto has not happened in his 15 years on the council.
This story has been updated.
user comments (6)
user rryan says...
Obviously Mr. Smith does not have to clean this circulars up out of his yard, pond and rose bushes on a daily bases, not to mention the people who do not clean them up but let the lay all over the sidewalks and streets. Also, some of these people delivering the flyers just throw the whole pile on the ground. It's disgusting! I do hope that if he is stupid enough to veto this bill, the council will over-ride his veto and pass this into law. Mr. Smith needs to get out amoung the people who elected and find out what's going on in the real world!
Posted 4:08 PM, 07.09.09
user rosedalebob says...
I just hope they change the language EXEMPTING Political Flyers! If small business pays so should politicians!
Posted 4:09 PM, 07.09.09
user bryanpsears says...
rryan: Don't be so hard on the county executive. He's not opposed to the actual intent of the legislation. His spokesman told me that Smith is concerned about the unintended consequences of a late amendment that unintentionally subjects community newspapers to the law. Councilman John Olszewski concurs with Smith on the potential problem and has asked for the veto. Olszewski promises to re-write the bill in a way that protects his original intent but does not single out newspapers. Given that the sponsor of the bill is on board, it would be unlikely that the council will vote to override the veto.
Posted 4:55 PM, 07.09.09
user gussmegma says...
And what will Smith do when a resident leaves for a 3-4 week vacation, comes home to a burglarized home and the police find a suspect who says he targeted the home due to the unsolicited newspapers (read: advetising vehicles) indicating that no one is likely at home? All these so-called papers can easily send a postcard asking each household if it wishes to receive the "free paper" that contains an enormous amount of advertising, NOT NEWS! Whoever delivers the Baltimore Sun knows who receives home delivery and who does not, so the same technique they apply can be used to deliver these unsoliciated items strictly to those who wish to receive them. Another option is to send these papers via bulk rate (now titled standard) mailing with the US Postal Service. This would keep them from littering the curbs, sidewalks and driveways where they are routinely thrown so carelessly from vehicles driving down the streets. In fact, I rather suspect that the same people delivering the Sun are those coming back later to throw these unrequested items onto lawns, sidewalks, etc. A fun thing one can do is simply throw the unsolicited items into the street once they are found deposited on ones property unsolicited. They then become the responsibility of the country to clean the streets of this litter, along with any other rubbish found on public streets. After all, if these truly are COMMUNITY NEWSPAPERS, why in heavens name are they splattered with advertsising. Perhaps the County Council should consider requiring these so-called "free papers" to contain ONLY news and to be totally free of advertising. That should cure the problem as the papers as they now exist are mere vehicles to deliver advertising under the guise of being a newspaper. I doubt they would stay in business if they could not generate revenue via paid avertising. In short, it is the individual homeowner who decides what can be strewn on his or her property --- not any legislative entity.
Posted 6:26 PM, 07.09.09
user mikep says...
I really don't understand the concern that the bill would prevent the distribution of real "newspapers". It clearly says that it applies to "advertising circulars" the "predominate purpose of which is to advertise..." The late amendment does not make community newspapers subject to this bill. It may have failed to explictly exempt them, but they are still not included if they are not "predominately" advertising. Actually, no newspaper should be exempt from the requirement that I can tell them not to throw it on my property.
Posted 2:45 PM, 07.13.09
user mdyoung216 says...
I watched last week the guy "delivering" the Sunpaper ad bag that has the Rite Aid and Giant weekly ads throw them out the window of his car and not one on my street landed in a yard. So those bags of crap were blowing all over the neighborhood. To me the guy should get ticketed for littering. Even if this bill made it illegal to deliver newspapers, that would be an even trade to stop the other crap from being delivered.
Posted 10:27 PM, 07.21.09
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