Federal appeals court won't put up roadblock for transit tabloid

The Associated Press

02.23.00

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	Tonya Sampson hands out new free daily newspaper Metro on Jan. 24 at Suburban Station in Philadelphia.

PHILADELPHIA — A federal appeals court has denied an injunction sought by competing newspapers that would bar distribution of a free tabloid in some areas controlled by a transit agency.

Attorneys for The Philadelphia Inquirer, the Philadelphia Daily News, The New York Times and USA TODAY had sought to block the distribution of the free paper, called Metro, while they challenge the new publication's relationship with a state transit agency.

"We consider it a victory, no question about it," Metro attorney William H. Roberts said about yesterday's ruling by the 3rd U.S. Circuit Court of Appeals.

"We still intend to pursue this," said Michael Schwartz, an attorney for the publishers of the other newspapers. "We still believe this scheme was a violation of the First Amendment."

The newspapers argue that Metro's contract with the Southeastern Pennsylvania Transportation Authority is unconstitutional because it allows a government agency to assert control over a newspaper and allows the tabloid to be distributed free on buses and subway platforms where other publications cannot be sold.

"SEPTA is pleased and not surprised, believing all along that our contract with Metro is absolutely legitimate," SEPTA spokesman Richard Maloney said.

A federal judge last month denied publishers for the competing newspapers a temporary restraining order, saying they failed to show that they would suffer "immediate and irreparable harm" if it was not granted.

Schwartz asked the appeals court on Feb. 7 to issue a preliminary injunction while that decision is being appealed.

Metro is owned by Stockholm, Sweden-based Metro International, which publishes free daily papers in 13 European cities and in Santiago, Chile. The Philadelphia publication launched Jan. 24 is the company's first in the United States.

"We're pleased and gratified that the courts continue to rule in our favor," said Jack Roberts, managing director of Metro.