Advertisements left on doors and car windows can highlight goods and services but can also 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 that includes 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 advertisements 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.

"They go out and place these things on cars in shopping centers," Olszewski said. "It's willy-nilly and it blows all over the place."

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 association's 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.

"I'm going to have to look at it and make sure we have all that covered," Olszewski said.

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user comments (1)

user crdfilm says...

I am all for this bill. There are two carry outs in the Dundalk area that inundate our neighborhoods with their menus, sometimes once a week, sometimes three or four times a week! This is not "free speech," this is advertising. One menu would suffice until they add or remove something from it and need to make a new one. We do not need the same menu left in our mailboxes or doorways on a daily or weekly basis. At my house, they go straight into the recycling bin, and just because they are such a nuisance I would never order food from these places. I have even placed a sticker on my mailbox asking that no junk be left there, and it goes ignored by the people leaving the menus. This has to stop and I support Councilman Olszewski's efforts.

Posted 2:39 PM, 07.01.09

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