Ohio city's anti-littering law hampers protected speech, court rules

By The Associated Press

07.13.01

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AKRON, Ohio — An appellate court has found Akron's anti-littering law to be unconstitutional after a white supremacist was convicted under it for placing racially charged fliers on car windshields.

The 9th Ohio District Court of Appeals ruled 2-1 on July 11 that the 34-year-old ordinance is overly broad and "infringes upon the protected speech" of private property owners.

Appellate Judge William Batchelder wrote that the law "presents a realistic danger of significantly compromising First Amendment protections ... as well as improperly restricting the dissemination of ideas."

The court ruled in the case of white supremacist Kenneth Molyneaux, 22, of Akron, who appealed after being convicted of littering and criminal trespassing for refusing to remove fliers he had placed on car windshields at a local mall.

The appellate court upheld his criminal trespassing conviction.

Akron officials said the intent of the law was to keep the city clean, not to restrict anyone's free-speech rights.

In a dissenting opinion, Judge Lynn Slaby sided with the city, writing that the law was "clearly and specifically designed to prevent unwanted handbills from becoming the city's litter."

He said there were other avenues for distributing ideas, such as passing out handbills person-to-person.

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