Don't License News Boxes

Last Monday, the city abruptly cancelled a press conference to announce plans to start enforcing a 1999 ordinance that would license newspaper vending boxes. The city, according to Managing Director Philip Goldsmith, still had some "homework" to do.

As I have argued in this column, the plan would have all but assured the failure of any start-up newspaper trying to get a foothold in the market.

And beyond that, as I wrote last week, when the city gets into the business of deciding whose boxes go where, newspapers become beholden to the government. Like any other business, they will not bite the hand that feeds them.

Need proof that this scheme would reduce a newspaper's bark to a whimper? Consider the Inquirer's tardy and slipshod handling of this very story.

Although the city had summoned virtually every publisher to inform them of their intentions in mid-August, Inquirer readers wouldn't learn of the city's plans until last Tuesday -- the day after the city had already pulled the plug. This, while newspaper readers across the country -- and as far as London -- could read an AP story about Philadelphia's plans days earlier.

What's worse, the Inky's coverage was incomplete, even wrong.

Since 1995, reports the Inky, the number of news boxes has "nearly doubled." It hasn't.

The Center City District's (CCD) own research, presented to the publishers in mid-August, has the number increasing from 773 to 1,376, for a 78 percent increase.

So there are not "nearly 1,500 boxes," as the CCD's Paul Levy is quoted as saying. In fact, the number of boxes has actually decreased 3 percent since 2000.

Let's move from the sins of commission to those of omission.

Fact: After four years, the city was going to start licensing boxes without first developing a plan to allow new papers into the marketplace. According to the ordinance, the CCD would renegotiate "locations (with current papers) upon the entry of a new 'frequent' publisher into the marketplace."

When recently asked specifically about this duty, Levy told me "whatever the ordinance says, we neither have nor want any authority or responsibility to negotiate with new publishers."

He's right. No public official should be put in the position of deciding who stays and who goes -- effectively licensing speech. But as even First Amendment diehards like me must admit, irresponsible publishers are cluttering up the city's sidewalk something fierce. Yes, the city does has some homework to do but news boxes can be regulated for safety and aesthetics without being licensed.

Next week, I'll suggest how.

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