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Pamphlets under windshield wipers

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justalayman

Senior Member
This is all hypothetical (per the OP), so I am going to hypothesize that the flyers in question are legal as free speech.
It has nothing to do with speech. It has to do with leaving their trash on other people’s cars or, as the op said in the first post: under the car .

This pertains to Alabama, particularly Jefferson County.
I would like to know whether it is legal in this county to put flyers/pamphlets underneath cars. I have
That would most assuredly be littering and that wouldn’t be allowed.

And the decision you cited was not decided on a first amendment claim. The ordinances involved were deem overly broad


We hold that the challenged portions of the ordinances are not narrowly tailored to serve the governmental purpose asserted by defendants.   Having therefore determined as a matter of law that the ordinances are facially invalid on overbreadth grounds, we need not address plaintiffs' remaining arguments on appeal concerning their claims of selective enforcement and discriminatory enactment.   The judgments of the district court are reversed, and this case is remanded to the district court for further proceedings consistent with this opinion.
 


quincy

Senior Member
I would think the prevalence of car alarms would have significantly curtailed the posting of flyers on cars.
 

LdiJ

Senior Member
I would think the prevalence of car alarms would have significantly curtailed the posting of flyers on cars.
One would think so, but it definitely hasn't slowed people down in the parking lot where I park when working.
 
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quincy

Senior Member
If car alarms started going off, I might be concerned about car break-ins. A clever thief could use flyer-distribution as an excuse to be near the cars. I don't think it would be out of line to call the police.
 

LdiJ

Senior Member
If car alarms started going off, I might be concerned about car break-ins. A clever thief could use flyer-distribution as an excuse to be near the cars. I don't think it would be out of line to call the police.
We have...believe me we have. It stops whoever was distributing THAT particular flyer, but there is always somebody new distributing another one.
 

LdiJ

Senior Member
Then keep calling - or work on getting no soliciting signs posted in the parking lot.
The no soliciting signs are already there. Seriously Quincy those who distribute flyers like that really don't care about things like no soliciting signs. Its not like the police are going to arrest them and take them to jail. They will just make them stop and send them on their way. Well, at least that is the way it works in my state.
 

justalayman

Senior Member
I don’t see it as stretching regarding Neil’s suggestion but there may also be a local ordinance that may address hand billing by placing it on a car more directly.

Upon rereading the original post, I see that op is checking on legality due to their desire to use the method to advertise.


With that perspective in mind:

It appears there are laws that could be applied where you could be prosecuted. There are possibly more laws/ordinances that have not been discovered prohibiting the action. Whether you would be prosecuted would be up to the local police and/or prosecutor.

I can tell you that if I owned a business that somebody did this to my customers, I would offer a token reward to anybody that turned the flyers in to me. Then I would become hell’s hound and search out the culprit and stuff the flyers where it would be noticed the most by the distributor and cause them the most grief.

I am also certain some quantity of the flyers would end up on the ground at my business and I would have to pay an employee to pick them up. As a business owner I would use all the influence I could muster to seek the perpetrator be prosecuted and subjected to the heaviest penalty possible.

I loathe people that put crap on my windshield.
 
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