Free Speech Cited in Suit Over Handbill Ordinance

The city of Pasadena was sued Tuesday by the parent company of the daily Pasadena Star-News and a weekly, the Star, claiming that an ordinance restricting distribution of handbills violates the 1st Amendment.

The federal lawsuit filed by the San Gabriel Valley Newspaper Group claims that the ordinance is vague, overly broad and a “content-based regulation” of free speech.

Glen Smith, the newspaper group’s attorney, said the city is targeting some forms of written materials but exempting others, including those issued by the city.

The Pasadena city attorney’s office could not be reached for comment.

The City Council adopted the ordinance in June. Councilman Sidney F. Tyler Jr., who voted in favor of the regulation, said earlier that he believes the law will hold up in court and improve the quality of life by removing clutter from neighborhoods.

The ordinance applies to unsolicited printed materials left at homes and businesses, including pizza advertisements, door hangers, the Star and other publications. Under the law, handbill distributors must obtain a license and avoid giving materials to households and businesses that do not want the materials.

Violation of the law, which is in effect on a complaint-only basis, is a misdemeanor. If any unsolicited material is distributed to an address on the list, the responsible company will first be issued a warning, then a citation and fine between $100 and $300. Fines for persistent violations could go as high as $1,000.