Anaheim Acts to Loosen Handbill Restrictions

After losing numerous court battles, the Anaheim City Council opened the way Tuesday for distribution of handbills at Anaheim Stadium, the Convention Center, shopping centers and other public areas.

While the ordinance adopted Tuesday allows Hare Krishna members and other groups who have sued the city to distribute written information, it also sets various restrictions.

“The courts have told us that we can’t prevent them from being on the properties because it violates their First Amendment rights. But we can set guidelines,” City Atty. Jack L. White said.

The move comes less than two weeks before a court hearing in a suit brought by members of a Maryland church group arrested by Anaheim police for distributing leaflets outside the stadium during a crusade by evangelist Billy Graham.

Anaheim Assistant City Atty. Robert Franks said the new ordinance makes that suit, filed by the Church at White Hall, “moot.”

UCLA Lawyer Disagrees

Susan Borges, an attorney for the American Civil Liberties Union representing the church, disagreed.

“Simply because a city amends or repeals an ordinance, it doesn’t take the issue out of court. If that were the case, all a city would have to do is repeal an ordinance, say the issue is moot and a month later enact the same ordinance,” Borges said.

Borges said she will try to establish that the previous ordinance is unconstitutional “so that the city cannot turn around and do the same.”

One of the issues in the dispute between Anaheim and several groups, including the Church at White Hall, is whether the Anaheim Stadium and Convention Center are public forums. The 9th U.S. Circuit Court of Appeals last year ruled that the stadium parking lot was a proper site for charitable and religious groups to ask for contributions.

While the Church at White Hall is not fighting Anaheim’s solicitation law, it is disputing the ordinance that regulates the distribution of handbills. Borges had argued that the stadium is a public forum for the dissemination of religious information. On March 10, Borges and attorneys for the city are scheduled to appear at a hearing before Orange County Superior Court Judge Judith M. Ryan.

Specific Rules Outlined

The previous ordinance prohibiting distribution of handbills was interpreted by the city to include the stadium and convention center.

The new ordinance outlines specific rules under which handbills may be distributed at those and other places.

Most of the guidelines--such as demanding that a handbill distributor wear a badge or some other identification--are in keeping with court rulings, David Liberman, an attorney for the Laguna Beach-based International Society of Krishna Consciousness, said Tuesday.

“For the time being, we’re pretty satisfied,” Liberman said. “They had no choice. I’m not going to pat them on the back. They more or less formalized what the federal courts ruled.”

Franks said the new ordinance “really strengthens the law in some respects” by setting guidelines.

“Now, those who want to exercise their First Amendment rights at these locations will have definite restrictions that they can look at in the ordinance to govern their activities,” Franks said.

The new ordinance also:

- Outlaws distribution of handbills on cars. It also holds liable the employers or managers of those who place flyers on cars.

- Outlaws distribution of handbills at homes where residents have objected verbally or with a sign on the home.