HomeMy WebLinkAboutCOM 0022.003 1998-2000 ,p1~~yr or r,_~
Ste hen K. Yamashiro ~
P Richard Wurdeman
Mayo. Cor¢oraiion Coumel
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OFFICE OF THE CORPORATION COUNSEL
101 Aupuai 5[ra[, Sul[e 325 • Hllo, Hawaii %720.4263 • (806) 96l-8211 • Fax (8081 961.8622
February 12, 1999
TO: LORRAIIVE ACDAL
Legislative Assistant ,/Ja
FROM: RICHARD D. WURDEMAN//Ql//
Corporation Counsel L`
RE: NEWS RACK PERMITS
(Section 22-22, HCC)
In your memorandum of February 8, 1999, you asked whether the Council would be obligated to
provide a news rack permit to Hawaiian Buy and Sell Magazine, if they met the prerequisite of
the applicable ordinance.
First Amendment protections are applicable to the public distribution of newspapers and other
periodicals through the use of news racks on public streets, subject only to "time, place, and
manner" regulations narrowly drawn, so as to prevent arbitrary curtailment of the freedom of the
press. McQuillan Mun Corp §3Q 101, ]0 (3id Ed.).
For this reason, HCC. Sec 22-22, 33, which regulates the size of racks and the unimpeded use of
the sidewalks, must be considered non-discretionary, if it is to be upheld. Therefore, should the
Council find that the prerequisites of the Ordinance are met, a permit should be granted.
RDW:bre3
newsrack permits
Comm. o. ~ 2 • b3
File No. STQ
Ref. To:_ CO V .V e.IL
Raf. i•~te_E~B 1 81999