Colorado publisher fights to keep news racks

By The Associated Press

04.26.02

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LAFAYETTE, Colo. — The American Civil Liberties Union has joined a publisher's fight against the city to keep racks of his classified advertisement newspaper standing with those of larger newspapers.

In a letter to City Council members this week, Boulder County ACLU Vice Chairman Judd Golden called for the city to rescind its order requiring Richard Perry, publisher of Boulder Valley Bargains, to remove his news racks.

"We believe this action is unconstitutional and raises an important civil liberties issue that is fundamental to the Bill of Rights," said Golden, also citing the 1993 Supreme Court ruling City of Cincinnati v. Discovery Network, Inc. against Cincinnati, which tried to single out commercial publications.

City workers placed notices on three Boulder Valley Bargains newsstands earlier this month ordering Perry to remove his racks by April 19. The notice threatened Perry with a $50 fine and confiscation of the stands.

Perry, who began publishing Boulder Valley Bargains about 10 years ago and delivers newspapers to 600 sites, said no explanation was given and no other newsstands were targeted.

Last week, Perry asked the City Council to rescind the order, citing the First Amendment and the Supreme Court ruling limiting newsstand discrimination. Council members, unaware of the city's order, pushed the removal deadline 30 days to investigate.

Perry said he has not been contacted by the city since the order.

"There's been no movement on their part at all," he said. "Nor have they cited any particular code telling me why I should take them off. How could they do this? I'm mystified."

Mayor Pro-tem Chris Berry said he does not know why the city order came about in the first place. "I think we will come back with something that will be amenable for everyone," he said.

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