Council repeals city handbill law
By Lynn Zerschling lzerschling@siouxcityjournal.com | Posted: Tuesday, January 06, 2009
SIOUX CITY -- City lawmakers Monday repealed a city law prohibiting people from placing handbills and signs under vehicles' windshield wipers.
"The 8th Circuit Court of Appeals held that ordinances such as this are illegal," City Attorney Andrew Mai told the council Monday. "I recommend the council repeal this ordinance based on that court case."
He said Iowa is covered by that case.
The court ruled that the restriction suppressed freedom of speech more than was necessary to serve a governmental purpose of preventing litter.
"This has not been enforced since 2005 due to constitutional concerns," Mai said.
Mayor Mike Hobart said it did not appear that motorists in town were inundated with fliers.
"If we do, I strongly recommend we enforce our litter laws," Hobart said.
Councilman Jim Rixner said he discovered that if people did not want handbills or other announcements left on their windshields, they can place a note on their dashboards requesting no information be left on their vehicles.
"I don't know if that will do any good," he quickly added.
"The 8th Circuit Court of Appeals held that ordinances such as this are illegal," City Attorney Andrew Mai told the council Monday. "I recommend the council repeal this ordinance based on that court case."
He said Iowa is covered by that case.
The court ruled that the restriction suppressed freedom of speech more than was necessary to serve a governmental purpose of preventing litter.
"This has not been enforced since 2005 due to constitutional concerns," Mai said.
Mayor Mike Hobart said it did not appear that motorists in town were inundated with fliers.
"If we do, I strongly recommend we enforce our litter laws," Hobart said.
Councilman Jim Rixner said he discovered that if people did not want handbills or other announcements left on their windshields, they can place a note on their dashboards requesting no information be left on their vehicles.
"I don't know if that will do any good," he quickly added.
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Patty Redmond wrote on Jan 6, 2009 9:43 AM: