Is it littering or is it free speech?

ORION TOWNSHIP, Mich. – A major battle is brewing between a big-market newspaper and Orion Township.

The Detroit Free Press Sunday Select newspaper is delivered to metro Detroit homes on Sunday mornings.

Aurbrey Rutkowski, of Orion Township, didn’t ask for it, yet it continues to be delivered. Many in the neighborhood complain the paper gets rained on and often winds up in the street.

“The number one complaint is the nuisance of the litter all over the streets on the weekend,” Orion Township Supervisor Chris Barnett said.

Residents complained to City Hall and littering tickets were written against the Free Press charging $800 per littering count.

The Detroit Free Press’ noted first amendment attorney Herschel Fink calls the tickets wrongheaded.

“Federal courts, state courts have unanimously said that you cannot use littering ordinances to stop the delivery of a constitutionally protected product,” Fink said.

The Detroit Free Press filed a lawsuit demanding $5 million in punitive damages from every Orion Township official.

“What you have here is a paternalistic government body saying we don’t want your newspaper in our community and you can’t do that,” Fink said.

The township said it’s not that paper it is objecting to, but it’s the handling of the delivery saying the paper isn’t responsive to requests to have the deliveries stopped.

“Their response isn’t to work with us collaboratively,” Barnett said. “It’s to sue me for $5 million. It’s almost laughable and honestly I think it’s going to do them more detriment than help them.”

Phone Number: 800-395-3300

Customer email address: cserv@michigan.com

Detroit Free Press Vs. Orion Township


About the Author:

Rod Meloni is an Emmy Award-winning Business Editor on Local 4 News and a Certified Financial Planner™ Professional.