May 15, 2007 — Virginia Beach Newsrack Ordinance Requires Possible Content-Based Restriction on Placement and Availability of Newsracks

This spring, the Council of the City of Virginia Beach passed new ordinances to regulate newsracks in the downtown resort areas, such as the busy oceanfront boulevard of Atlantic Avenue .

On April 24, 2007, the city council adopted ordinance 2975, under which distributors are permitted space on a first-come first served basis, with one rack per publication, solely at locations within the resort area identified by the city manager to be “suitable for newsracks,” based on factors such as effect on pedestrian traffic and streetscape aesthetics.

On May 15, 2007, the city council adopted ordinance 2980, which went further to contain a possibly content-based restriction. That law provides that a subcommittee of the resort advisory commission will advise the city's convention and visitors bureau director “as to whether two or more publications are substantially similar. If the director concludes that two or more publications are substantially similar…he shall inform the distributor in writing that only one of those publications may be placed in each location.”

The ordinances require newsracks to be maintained in clean and good order, with distributor's contact information affixed. The city may give notice to distributors who do not conform that their newsracks may be removed, subject to an appeal process.

First Published:
August 07, 2007