State appeals court tosses Seattle handbill ban
By The Associated Press
08.08.02
SEATTLE — And you thought those telephone poles were simply a handy way to keep wires from littering the street.
Not so, says a state appeals court.
The court has ruled that Seattle's 8-year-old ban on posting signs on such poles is at least partially unconstitutional.
The state Court of Appeals ruled Aug. 5 that posting signs on traffic devices, utility poles and lampposts is "a traditional public forum" and there wasn't "a compelling government interest" to ban it.
"It means people are free to poster again in Seattle," said attorney Chase Alvord, who argued on behalf of his client, Mighty Movers Inc., that the city's law violated state constitutional rights of free speech.
The ruling, however, doesn't prevent the city from putting some limits on handbill postings, such as setting time limits or other restrictions.
It wasn't immediately clear whether the city will appeal the decision. The City Council is expected to take up the matter on Aug. 12.
The poster ban was passed in 1994 for aesthetics and to protect workers who must scale utility poles and could get hurt if thick layers of paper prevent them from anchoring themselves.
Anyone caught illegally posting handbills is currently fined $250 and must pay to have them removed.
In 1999, the city sued Mighty Movers to recover $7,870 in removal costs after the company used numerous utility poles to post signs advertising its business.
A King County Superior Court judge sided with the city.
But Mighty Movers appealed, and the Joint Artists and Music Promotions Action Committee — heavy users of poles for promoting acts — filed a court brief supporting them to get that decision reversed.
"It took a lot of work, but it paid off," said Randy Rae, co-owner of Mighty Movers. The ban "hurt business considerably. It kind of knocked us down."
In its decision, the appeals court struck down the poster ban as it applies to traffic devices, utility poles and lampposts. It didn't rule out other city-owned structures, such as fences or bridges.
Four years after the ban, the council approved a plan to set up hundreds of community kiosks to allow legal postings in neighborhoods.