Atlanta's airport can't force papers to use city-owned news racks

By The Associated Press

01.07.02

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ATLANTA — A federal appeals court has upheld a judge's order blocking Atlanta's airport from requiring newspapers to sell only from city-owned news racks bearing advertisements for Coca-Cola.

A three-judge panel of the 11th U.S. Circuit Court of Appeals ruled Jan. 4 that the city's plan violated the First Amendment because it required the Coca-Cola advertising and illegally imposed a monthly fee of $20, more than the administrative cost of maintaining the news boxes.

Judge Susan H. Black, Senior Judge James C. Hill and 3rd Circuit Judge Walter K. Stapleton further ruled that the city's plan to choose which newspapers could lease the news racks gave the city "unfettered discretion to discriminate among speech based upon viewpoint and content."

Atlanta Journal-Constitution Publisher Roger Kintzel said the newspaper was "happy with the ruling."

"We just wanted the protection from some really rough behavior we experienced out there," he said.

City attorney Susan Pease-Langford said she was disappointed but said the judges appeared sympathetic to the city's arguments that it can increase fees for the boxes. She also said the city might ask the full 12-judge court to reconsider the ruling.

In 1996, as the city was renovating Hartsfield in preparation for the Olympics, officials adopted a policy to remove all boxes that newspapers had placed there, and then lease publishers city-owned boxes carrying advertisements for Coca-Cola.

The Atlanta-based beverage giant had donated a large sum to the city's arts program, and the Department of Aviation wanted to reciprocate with the news rack ads.

The Atlanta Journal-Constitution, USA TODAY and The New York Times sued, claiming the plan violated the First Amendment freedom of the press.

U.S. District Judge Richard Story had issued a temporary injunction against the airport's policies in 1996 and made it permanent July 19, 2000. Last week's ruling came in response to an appeal by the city.

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