Fullerton will continue prohibiting newspaper racks in city buildings, despite residents urging for the policy to be overturned.
Last month, a majority of city council members voted to only allow government-produced materials to be distributed on nearly all city property.
The policy restricts community-produced materials to a certain section in the library.
[Read: Fullerton Publication Policy Raises Censorship Concerns]
It comes after the Friends for Fullerton’s Future blog – a website that’s often critical of city policies and elected officials – expressed interest in wanting to distribute a print version at city hall.
Councilwoman Shana Charles, who previously voted in favor of the ban, requested to discuss repealing the current restrictions at the Tuesday meeting. The motion failed 3-2, keeping the existing regulations in place.
The current policy allows for community produced materials to go on an 8.5 by 14 inches corkboard in the Main Library. The dimensions of the Fullerton Observer – a newspaper some residents say had been the target of this policy – are 11 by 17 inches in size.
The city’s policy also impacts Cal State Fullerton’s student newspaper, the Daily Titan, which is a similar size as the Observer.
Both news outlets used to have distribution racks in the main lobby of Fullerton City Hall.
Charles said one of the main reasons she brought the issue forward was because information provided by the staff was inaccurate.
At the April 1 meeting, Baron Bettenhausen, assistant city attorney, said Irvine and Newport Beach had implemented similar policies.
However, Charles said that after further review, Irvine’s policy was not in effect and Newport Beach’s policy was limited to library displays.
“So that, to me, was new information,” she said at Tuesday’s meeting.
Councilman Ahmad Zahra who was the only council member to initially oppose the ban criticized city staff for failure to provide accurate information.
“I hope that they do their due diligence and add all information and not omit anything, so that it may provide a reason for a vote in one way or another” Zahra said at the meeting.
Councilman Nicholas Dunlap said the new information was not relevant to the policy.
“The reality is, it’s a content neutral policy, that’s what’s important here,” Dunlap said in a Wednesday phone interview.
Kelly Aviles, the attorney for Friends for Fullerton – a blog that Charles said is often critical of Zahra and of her – sent a letter to the City Council requesting that the blog be granted permission to distribute a newspaper.
“My client seeks to place a newspaper rack in the lobby of City Hall, similar to the arrangements that have been made with other local newspapers,” the letter states. “Please let me know if there are any specific procedures or requirements that need to be followed to facilitate this request or if the Council has any preferences regarding the placement of such a news rack at City Hall.”
Aviles is also Voice of OC’s chief public records litigator.
It’s not the first time Fullerton has tussled with local newspapers and blogs.
In 2019, the city sued Friends for Fullerton’s Future for publishing police misconduct records and other records detailing how police officers gave a former city manager a ride home after he crashed his car – a night he was also drinking.
Zahra – the only council member still on the dais from that time – voted for the lawsuit, which was ultimately settled in 2022.
At the April 1 meeting, City Attorney Dick Jones said that Aviles’ letter prompted the policy to be considered.
Charles raised concerns about the newspaper ban.
“All I know is that we would be enacting a new policy, something that nobody else in this county is doing, possibly nationwide,” she said at the May 6 meeting.
Councilwoman Jamie Valencia said the policy is content neutral and put in place because there were no existing guidelines.
“Because the city did not have an ordinance so therefore everybody and anybody could publish whatever they wanted to,” she said.
Valencia suggested that residents get publications via email or delivered to their house, but that City Hall should remain neutral and for city matters.
Dunlap also said City Hall should not serve as an unregulated public forum.
“My vote was really just to keep City Hall a limited public forum, to allow equal access to all,” he said in a phone interview. “I think making city hall an unlimited public forum is a disaster.”
Joshua Ferguson, a former writer for Friends for Fullerton’s Future and one of the bloggers the city settled a lawsuit with after the blog published confidential City Hall documents exposing police misconduct, said the policy is content neutral.
“The reason cities get in trouble is because they say you can be here and you can’t,” he said at the meeting.
Mayor Fred Jung said the policy is an effort to avoid potential litigation and implement protocol.
“Once you open the flood gates, you are affording an opportunity for somebody who has a garage sale flyer, a real estate agent that has listings and has a brochure for listings,” he said in a Wednesday phone interview. “So when does this all end?”
Ferguson said the city was not violating the First Amendment by restricting all non-government produced material within a limited public venue.
“You’re already in compliance with the First Amendment,” he told council members. “Keep it that way.”
Ferguson added that the policy does not prevent people from subscribing to the Fullerton Observer online.
Zahra argued that while the policy might comply with the constitution, it does not make it a good or fair law.
“When we say something is not unconstitutional, that doesn’t make it right all the time,” he said.
In recent posts, Friends for Fullerton’s Future – also impacted by the policy – said the newspaper ban is content neutral.
At the April 1 meeting when asked about legal repercussions, Jones said there would be no issue if the policy is part of a broader ordinance focused on city facilities. However, he said problems could arise if the policy appears retaliatory.
“Could somebody sue the city? The answer is yes,” he said at the April 1 meeting.
Charles said the policy was already being ignored less than a month after taking effect, as businesses were allowed to advertise their restaurants in the City Hall lobby.
Jung said the policy has only been enacted for 10 days and enforcement takes time.
“So is it going to be perfect right now?” he said in a phone interview. “No, there are going to be failures here and there.”
Community Backlash Over Ban Grows
Some residents pushed for the city council to rescind the policy and allow local papers to be placed in City Hall and other public city buildings again.
Jodi Balma, a political science professor at Fullerton College said the city was “blessed to be one of the only communities that has local journalism” and the consequence of the policy is limiting opportunities for student journalists
“Having publicly available places to distribute the hard work of our students is crucial and important, and so I hope that you will reconsider this and allow all of the great local journalism to be published,” Balma said at the meeting.
Resident Karen Lloreda said taking away local papers is curtailing transparency and restricting access to information.
“They (local newspapers) serve as watchdogs for local government, councils, school boards and other elected positions, they build transparency and trust,” Lloreda said at the meeting. “More importantly, build public engagement by covering topics not covered by more regional media.”
Lloreda said community papers aren’t just about government, but also about bringing the city together with stories about children’s accomplishments or a new local businesses opening.
“When others are willing to put in the effort, City Hall and community centers are exactly where local news should be available,” she said.
Resident Linda Gardner asked council members to justify the reason for removing publications from city buildings.
“I have been at all the meetings,” she said. “I have not heard a good reason for doing this.”
Jung said this policy was a solution.
“We had, of the scenario that was presented to us, the best option that could possibly be available, which is a content neutral policy,” Jung said in a phone interview.
Gardner said local and student newspapers have been available at City Hall, the library and the community center for decades, and that this new policy appears to be an act of censorship.
“Has Fullerton jumped into the tidal wave in our country of censorship, of banning books and removing historical information from museums?”Gardner said. “ It feels that way.”
Jung said the law needs to be properly enacted before the issue can return to council.
“If there are hiccups along, then you bring it back, readdress it, augment it, maybe even rescind it,” Jung said.
But Jung said he disagreed with rescinding the policy because of public pressure.
“I mean the public, as in the same 10 people that come to the meeting every meeting.”
Jung added the policy does not prevent people from getting their news or speaking out at city council meetings.
“It doesn’t prevent anyone from covering Fullerton, doesn’t prevent anyone from coming in and giving us their three minutes of public comments or agenda items or other items.”
Isabel Torres is a Voice of OC intern. You can contact her at isabtorres@chapman.edu