- Pam Zubeck
- Schott is not the only person to have complained about ad packets in waterways.
But not everyone does that, and the bags of ads pile up in gutters and, worse, in the city’s creeks and drainage channels. Schott knows this because he hikes those channels and shakes his head at the idea that those materials are clogging waterways — waterways that are already the subject of a pending federal lawsuit that alleges the city violated the Clean Water Act.
He’s not the only one. The city has received about a dozen similar complaints over the last year but turned them away, because city officials saw it as a First Amendment issue — the right to free speech.
On March 6, the city finalized a new approach to such complaints. While complicated, the procedure allows the city to prosecute the newspaper for distribution of handbills against the wishes of recipients.
“Once whoever the producer is [of the ad packet] is found guilty,” says Mitch Hammes, Neighborhood Services manager who oversees code enforcement, “the judge would determine what the fine is.”
Schott moved here from Houston about four years ago after falling in love with the area while attending a relative’s Air Force Academy graduation. Captivated by the scenery, he spends lots of time on trails and along drainage channels where he encounters those bags and other trash.
“For years, The Gazette has been throwing [the packets] on driveways all throughout this beautiful city,” he says in an email. The bags often sit in gutters for weeks and eventually wash into the storm sewer system, he says.
It’s worth noting the Indy has heard from other readers in the last several years voicing similar complaints.
So has the city. Hammes says when a resident complained recently and asked why the city couldn’t act, he met with the City Attorney’s Office. After studying the city’s codes, officials devised a procedure for handling such complaints under the provision regarding dissemination of handbills on city and private property.
“There’s a lot of steps the homeowner has to take before we can prosecute,” he says.
First, a homeowner must send written notice to the newspaper, by certified mail, asking for delivery to be discontinued. He or she also must post a sign on the property, visible from the street, stating hand bills or advertisements are forbidden, Hammes says.
After arriving at the new procedure on March 6, Hammes reports the city is now willing to take complaints from residents and prosecute, as long as the complaining resident is willing to testify.
“We do have independent contractors who deliver and I’m not going to say that mistakes don’t happen,” The Gazette employee said.
Schott, for one, says he’s willing to follow the city’s procedure but notes after he complained for the third time to the Gazette a month ago, he didn’t receive the packet on either March 15 or 22.