Judge trashes claim that newspaper delivered litter
The Associated Press
04.03.98
CREVE COEUR, Ill. -- Both sides are claiming victory in the battle over whether delivery of a free weekly newspaper was news or litter.
Circuit Judge John Barra ruled Thursday that distributors could toss the East Peoria Times-Courier on private but not public property.
Creve Coeur village officials had argued that tossing the Times-Courier into residents' yards and driveways violated a littering ordinance.
"When the plaintiff tosses the newspaper onto private property, it clearly intends for the homeowner to pick it up and read the material and the ads," Barra said in his ruling. "The plaintiff does not intend to discard the newspaper. Doing so, therefore, cannot be littering."
But Barra agreed with the village that leaving papers in drainage ditches or on the street was a nuisance.
"These papers not only are an eyesore on public property but place a burden on the village to keep these areas clean," Barra said.
"I'm delighted," said Joseph Thornton, an attorney for the Illinois Press Association. "I think it's a very strong ruling for the Times-Courier."
Thornton is representing Community Services Newspaper Inc., the company that owns the weekly paper.
Village authorities were equally pleased with the ruling.
"From the perspective of the village, it was a victory because the principal problem in the manner of distribution was the tossing of newspapers in ditches, roads and sidewalks," village attorney Julian Cannell said.
Police Chief Frank Thatcher said the littering citations that have been given to the paper's carriers will be dropped. But he said distributors would continue to be ticketed for tossing newspapers on to sidewalks and streets.
The newspaper company sued the village last month, contending its First Amendment right to distribute a newspaper was violated when a carrier was arrested Feb. 25 after he tossed them onto yards from his car.