As I mentioned earlier, the city is cracking down on signs in the public right-of-way. (For those of you who are wondering, the citation in the municipal code is 17.10.a.(8), “Private signs are prohibited in the public right-of-way.”) I believe this is to cut down on visual clutter and, arguably, litter.
So it’s ironic that on Tuesday’s council agenda, there’s this little item:
ITEM NO. 3, H. Communication from the Interim City Manager and Corporation Counsel Requesting Adoption of an ORDINANCE Amending CHAPTER 13 of the Code of the City of Peoria Pertaining to HANDBILLS.
What is the amendment, you ask? It’s to repeal a law against distributing handbills under windshield wipers. Why? Because the laws on the books against distributing handbills have been found unconstitutional:
In August, the Seventh Circuit Court of Appeals held ordinances exactly like Sections 13-50 and 13-51 to be unconstitutional because the City of Granite City, Illinois had not done a study to determine that the ordinances actually reduced litter.
Section 13-50 makes it illegal to put handbills on vehicles, primarily being directed at the placement of handbills on windshield wipers. Section 13-51 prohibits depositing handbills on unoccupied premises. Repeal of these ordinances places the City in compliance with the constitutional requirements. Should repeal of these ordinances lead to an increase in litter, then a study can be done and the ordinances can be re-enacted based upon findings by the City Council.
So now, instead of driving by signs for this or that cause or candidate, we’ll come back from a couple hours’ worth of shopping to find those same messages under our windshield wipers instead.
And do you know what we should do with those handbills when we receive them? If I’m reading this court ruling correctly, it appears the proper thing to do is throw them on the ground.* That way, the city will find that distribution of handbills increases litter, and thus make a prohibition against them constitutional.
Don’t worry about the littering.* City Crews can pick that up while they’re out gathering signs.
*Note: For those of you who are sarcasm-challenged, I’m not literally advocating littering. I’m just demonstrating the absurdity of the situation.
If the City could, it would repeal the First Amendment. Too bad the founders didn’t forsee the insatiable appetite for regulation that is City govt. They could have outlawed it from the start.
[...] the council will vote on whether to allow the distribution of handbills on parked cars. It seems it’s unconstitutional to prohibit this. I say we keep making it illegal and make [...]
So it will be legal for people to place objects upon your own personal property (your own car) without your consent?
ALL YOUR SIGN ARE BELONG TO US
Enjoying “literally advocating littering” – the English language is really cool sometimes.