In an effort to limit litter in the City, one San Francisco supervisor has introduced legislation that would hit newspaper publishers with stiff fines if they deliver their product to people who do not want their newspaper.
   

The legislation calls for all publishers to maintain a “do not deliver” list that the public can ask to be placed on to stop delivery of a newspaper to their address. If a paper is delivered to someone on that list, an appeal can be made to the director of the Department of Public Works for action.
   

The director would determine guilt or innocence. If a publisher is found guilty of an infraction, it could be fined $100 for the first offense, $200 for the second, and $500 for the third. Legal challenges would be handled by the City Attorney’s Office.
   

According to the legislation’s sponsor, Supervisor Ross Mirkarimi, the fines are not set in stone, and he is reconsidering the punitive aspects of the legislation.
   

The “do not deliver” legislation would apply not only to commercial newspapers, but also to community newspapers, nonprofit newsletters and flyers, and all handbills, including restaurant menus.
   

Notably, Mirkarimi said political fliers that are distributed door-to-door would be exempt from the legislation.
   

Money from fines would go into the City’s general fund.
   

Publishers in the City have some concerns about the legislation because they see it as being unworkable and a potential infringement on the First Amendment. Organizations and businesses that use volunteers to distribute fliers would also be affected.
   

Many publishers use delivery services to distribute their newspapers, magazines and handbills. Under this proposed legislation, the publishers would be responsible for the actions of the delivery service, even though they have no connection to the people who are walking the beat and delivering the papers.
   

Another concern is the ability of the public to claim an action against a publisher for a delivered publication or handbill, whether true or not, that could result in an infraction and hefty fine.
   

Mirkarimi said he is willing to work with the diverse group of publishers in the City to find solutions to the litter problem. He said he is considering starting with a voluntary plan, which could be revisited if it does not achieve its intended results.

   

Editor’s Note: While reducing litter is a noble endeavor, this proposed legislation is off target. If you value your neighborhood publications, please let your supervisors and the mayor know that Supervisor Mirkarimi’s proposal is neither a community-friendly nor a viable answer.
   

District 1: Supervisor Jake McGoldrick, 415-554-7410 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

District 2: Supervisor Alioto-Pier, 415-554-7752 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it    

District 3: Supervisor Aaron Peskin, 415-554-7450 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

District 5: Supervisor Ross Mirkarimi, 415-554-7630 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

District 6: Supervisor Chris Daly, 415-554-7970 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
   

Mayor Gavin Newsom, 415-554-6141 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it