Yellow Pages Sues Seattle For New Law Letting People Opt-Out Of Getting The Phone Book
from the is-that-a-first-amendment-issue? dept
A few weeks ago, I walked out my front door to see a phone book dropped on the front step. I honestly couldn't remember the last time I'd seen one. But I picked it up and walked it straight over to the paper recycling bin, where I deposited it. That's what an awful lot of people do these days. Apparently, the city of Seattle passed a law recently creating a "do-not-deliver" list for residents, that would bar phone book providers from delivering the books to their homes. However, the Yellow Pages Association has now sued the city, claiming that this law is a First Amendment violation:The complaint... asserts that the ordinance enacted last month violates the First Amendment, which prohibits government from licensing or exercising advance approval of the press, from directing publishers what to publish and to whom they may communicate, and from assessing fees for the privilege of publishing. The suit also claims that the Seattle ordinance unlawfully interferes with interstate commerce and violates the privacy rights of Seattle residents...Now, I'm a pretty big First Amendment supporter, but I'm not sure how a bar on dropping a phone book on someone's property -- at their request -- is a free speech violation. Perhaps I'm missing something? In the meantime, the group actually says that it's not against letting people opt-out, and is actually creating a website to let people do just that. It just doesn't like this particular law.
The Seattle ordinance unfairly singles out the Yellow Pages industry with regulations and fees that are not imposed on other media, including discriminatory license fees for the right to publish and unprecedented "advance recovery fees" that previously have been limited to toxic or hard-to-recycle materials. The ordinance also mandates that publishers turn over consumers' private information to the City of Seattle and imposes obligatory cover language dictated by the city government.
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Filed Under: lawsuit, seattle, yellow pages
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The City Council should...
That's not a free-speech violation. Publishers could publish whatever they live, and stack their phone books, newspapers, and pizza deal advertisements in stores that opt-in, instead of on the doorsteps of everyone else.
In addition, making it opt-in would mean that people don't have to give up their contact information in order to opt-out. I should be forced to choose between giving personally identifiable information to God-knows-who and enduring litter.
On that note, I'm really unsure when it became 'okay' to deposit things on private property...
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We have ordinances against leaving flyers under windshield wipers in public parking lots since they create litter.
Opt-in only - I like your idea, Rose!
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Re: Re: The City Council should...
with inflation, I figure local pay for the same phonebook would be about $.50 - $.75 per book. (most times people get a "route" and get paid for how many people are on that route much like newspaper delivery people) to ship the average phone book via commercial costs (according to the scale here at work) it would cost about 5-8 bucks depending on the bulk discounts. The other issue is the fact they might end up having to pay more because the average city mailperson can't carry large books with them for say, 20 houses like they do for mail. a "special" delivery would have to be arranged or just a note telling the person they had to go pick it up at the post office and I am SURE the city of lets say, Boston, isn't gonna want to have to store all of those things for people who will most likely not come to get it.
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I think this is the angle that city counsels should focus on to deal with the problem. Aren't there already laws on the books in most cities about soliciters having to register with the government before they enter a neighborhood? Well, don't tell the Yellow Pages that it's illegal to dump their books on people's doorsteps. Just tell them that they are legally considered solicitors and bury them in so much red tape that it won't be worth their while any longer. When the representatives come to city hall to register, give them the -- almost certainly very short -- list of people who have opted in to receive solicitors along with a reminder that every violation comes with a penalty of $500. Problem solved with no free speech issues.
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Good article makes constant progress, thank you share.
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In both cases, the answer is the same. Get a permit and go preach religion and/or contact information on the courthouse lawn, instead. :)
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That's S.O.P. in Oklahoma, anyway. :)
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That's pretty stupid, because it seems pretty dangerous to me. I'm saying that you're wrong, because if you're right, then it's stupid.
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So I have to feel threatened before I can call the police? What if I think the guy is harmless, but want the police to make sure? Or if I recognize him as the seemingly harmless & homeless religious nut that normally stands on the corner, but I want the police to record the incident?
But that was never brought up before and I didn't think it's the siutation we were talking about.
It's possible that you and I have a different idea of the harmlessness of a 'religious nut', but it seemed pretty clear to me.
But unless you're so scared you don't want him to know you're home, you could always open a window.
Or I could just call the police, so that the incident is taken care of or, at the very least, recorded. You know, the police service that I pay taxes for? :)
Anyway, I do see what you mean, but I disagree. Officers aren't so busy that skipping calls like this is necessary, and they triage them, anyway, so a low-priority call like this isn't going to be attended to until they have time for it. Not in Oklahoma, anyway. Maybe in a state with bigger cities?
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Bad execution
I personally think laws like this that single out specific groups/organizations should be illegal, but I don't think it's a first amendment issue. This seems more like a fair dealing under the law issue (assuming it's okay for anybody to drop crap off on your doorstep).
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This is What is Wrong with US Marketing
Free speech does not entitle anyone to inflict their message on the recipient. Furthermore, the recipient should not be forced to take proactive measures to avoid the message.
In accosting the consumer the "seller" is interfering with the consumer's free time and transferring a degree of liability on the consumer. Mike was FORCED by the publisher to dispose of the yellow book by putting it in the recycle bin. Had he not, given today's legal insanities, Mike might have been fined for "littering".
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Re: This is What is Wrong with US Marketing
The Yellow Pages doesn't like the fact they are being singled out since all of these people are presumably their customers, I guess.
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Cogent info for you, Mike, that you don't seem to have read.
Even though it appears above. -- Anyhoo, if that's the case, then the ordinance includes other aspects which are readily seen to be questionable, even for me, and I DESPISE phone (actually advertising) books and those who print them.
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Re: Cogent info for you, Mike, that you don't seem to have read.
Now THAT's some CO-GENT info for you Mike!
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OK, you printed it...
But, just because you printed it or said it doesn't mean that anyone is REQUIRED to listen. Just because someone prints a yelllow pages, or a newspaper doesn't mean anyone is required to pay for it, or accept it.
This is another example of the entitlement mentality of the old media. They've been getting away with forcing the yellow pages on us for so long, they feel slighted if we don't accept their waste of paper. Has nothing to do with the 1st amendment.
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Phone book = junk mail
If the government is serious about saving trees and protecting resources, START with getting rid of junk mail and the phone book (and by {"get rid of" I mean, like the national do-not-call list, allow residents to opt out of ALL unsolicited mail.
I can't even begin to imagine the positive impact of bringing junk mail to an end.
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I wear out shredders every 6-12 months with all the crap.
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YP Not Spammers--just the old way of doing business
At least the YP provides a service--though it's becoming less and less necessary. Once upon a time it was crucial--especially for up and coming businesses. If you weren't in the YPs, nobody knew who you were.
Everywhere I've lived in the US (5 states, in places that could be categorized from village to metropolitan) has had the white & yellow pages combined. In that way the "yellow pages" was always a service--not spam. And before the web, you couldn't find a business without them. I used to use them regularly, but lately, maybe just once or twice a year--if that. But, lately I've had a hard time finding FREE phone numbers for local people on the web, so I might have to go back to using them. $1.95 for your neighbor's phone number anyone? Please, give me the yellow pages!
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i haven't opened a phone book in a decade
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opt out
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Somebody at YPA is confused
- RP
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Re: Somebody at YPA is confused
Thanks AT&T, do you mind NOT telling everyone that I'm not home?
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Who still uses YP?
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Phone Books
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Yellow Pages
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Yellow Pages
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