EDITORIAL: News rack takeover?
Late last year, the Clark County Commission entertained the idea of banning news racks from the Strip as part of a larger initiative to reduce pedestrian obstacles. The plan clearly ran afoul of the First Amendment because it would have wiped out an entire source of protected expression within a very large area. Fortunately, commissioners realized the ordinance invited costly litigation and certain court defeat, and they tabled the proposal.
Unfortunately, their second solution in search of a problem also has problems. As reported by the Review-Journal’s Ben Botkin, commissioners on Tuesday introduced an ordinance to take over news rack ownership. Under this plan, which will be the subject of a public hearing May 6, the county would own and maintain uniform news racks and award permits to businesses, which would place publications inside the racks. (The Review-Journal doesn’t use or own the news racks at issue.)
The ordinance attempts to pass constitutional muster by not regulating the content of the publications that end up inside the racks. However, the first time a permit to use a rack is denied, a person or business could reasonably argue that the process resulted in restricted expression.
Besides, is replacing a few beat-up news racks really important enough to burden taxpayers will new costs and responsibilities? Currently, news rack owners obtain permits to place racks they are responsible for. And what recourse would permit holders have if the county’s rack locations aren’t favorable? This plan has the potential to harm taxpaying businesses.
Here’s a better idea for the commission: Prevent unintended consequences and leave Strip news racks alone, already.