Secret News Request Prompts Blanket Ban on “Outside Publications,” including Chamber Newsletter, Restaurant Flyers
By Brian Donahue, Marc Albert, and Tracy Schroth
A request by The Secret News to place printed copies of the Emeryville city news blog in City Hall – alongside the Chamber of Commerce newsletter, The Emeryville Connection — has triggered an all-out news ban by City Manager Patrick O’Keefe. As a result of The Secret News’ request, O’Keefe has declared all “outside publications†prohibited, including restaurant and other business flyers formerly posted in the employee break room, and the Connection, copies of which were neatly stacked at the front counter for the past two + years.
The ban was issued last Thursday, at the advice of City Attorney Mike Biddle, just two hours after The Secret News made its request to place printed copies at City Hall.
In an e-mail to City officials, Chamber President Bob Canter vowed compliance with the new ban (see below), and that he supports the arrest of individuals caught distributing any publications at City Hall.
It’s the second time in recent years that the City has been challenged over its support of the Chamber’s newsletter, which serves primarily as a pro- government PR sheet. The first challenge came when it was discovered the City was actually using taxpayer money to bankroll the Connection, at a cost of $43,000 a year. This is despite the Chamber’s status as a private, independent membership organization with no formal city affiliation. The Chamber lost its taxpayer subsidy, and soon switched from glossy 4-color to newsprint.
Email to City officials from Chamber President Bob Canter:
Wow! It looks like you guys are really frosting their keisters! Calling for arrests no less. Keep up the good work!
Bob Canter doesn’t sound bitter, does he? Wow. Who thinks his “journalists” ever reads this blog?
Are there any candidates out there that could knock some sense into this city council and get elected in November!
This has got to be a low water mark for the city manager and staff. You can really feel their fear. It’s the fear that the people are moving beyond them. I say “bully for us!”
I’d like to know what the Emeryville police department has to say about arresting violators of this new city policy. Can The Secret News seek a comment from them as to the enforcement of the council’s new policy?
I can’t believe the City is so squirmy about letting a different point of view be heard. The action they took to try to stop the Secret News at our City Hall is so crude and so blatent. I didn’t know the taxpayers were charged to print that Connection newspaper thing! This is so in our face. I think the City should subsidize the Secret News, fat chance, that.
I think this whole campaign by the City Manager, the City Attorny and the Chamber of Commerce is an attempt to intimidate anyone with an opposing view. The threat to arrest is directed at the Secret News I think. They’re trying to scare you into silence. My advice is don’t give in…keep up the good work you’ve been doing. Emeryville needs some good investigative journalism and you guys are doing it.
The policy seems entirely fair and equitable.
If the Secret News would have gone easier on the government, you wouldn’t have found yourselves banned like this. It’s not so difficult…you just print the stuff that makes them look good and then everyone’s happy and you don’t get banned from anywhere. Why are you always reporting on the stuff the government would rather not be made public?
To The Commenter on 2/19 @ 7:42 PM:
What is it about this ruling that seems ‘fair and equitable’? Is it that only the publication that is favorable to the decision makers philosophy is able to be distibuted? Or do you think it’s equitable that the publication that takes a contrary view, that asks for accountability never gets to see the light of day?
So I would have to guess you think it’s fair and equitable that the people themselves don’t get to make their own informed decision. It’s fair no doubt that the people don’t get to find out what their elected officials are up to out of sight of the cameras and the official pronouncments.
It should bring you comfort that you’re in good company; your entire government agrees with you.
No publications will be avaliable at City Hall. The policy applies evenly to all. Isn’t that the definition of equitable?
And the last two years? How does that work into your definition of equitable?
Side A, go ahead and say your peace.
Thank you Side A.
Now Side B…oops, sorry side B, there's been a change, you can't talk.
…That's fair & equal in Emeryville
Did this blog request to be distributed at City Hall prior to this instance? I doubt it since The Secret News has only been in existence since August. The policy is then equitable, treating all parties equally. By your logic we should never enact new policies even if they are fair and equitable because change by its nature is retroactively inequitable. The Secret News has always seemed to be about fairness but now you are railing against this 100% equitable policy that treats everyone equal. Isn’t that what we should be striving for: equal protection under the law? Now that we have achieved an entirely equitable policy you criticize it becasue you don’t like the outcome. See through your anger and realize that the principle behind this policy is exactly what you are fighting for 🙂
I don’t know when the Secret News asked permission to display copies alongside the Emeryville Connection, I assume from the story it’s a recent request. The point I was trying to make is the extemely inelegant and obvious censoring move made by the City with this. It is highly transparent that it is only favorable news they like to highlight. They are so in the tank for the Chamber of Commerce. Had this been a case of another friendly newspaper asking for display space, we would not be arguing since there would not be a problem. If it were fairness they were trying to achieve, they would permit both publications to exist side by side…you know, free speech and all.
This is so not a proper place for any government… They’re supposed to be on our side.
This means we have to redouble our efforts to print and distribute The Secret News wherever we can around out town. Also: email the link to our neighbors!
Published reports on the recent US Supreme Court ruling on the religious monument from Utah’s Summun religious sect notes Justice Samuel Alito’s reasoning in favor of not permitting every monument to be placed. The conservative justice notes that placing a stone monument on public property is fundamentally different than standing on a soapbox in a park or distributing leaflets.
Although Justice Alito’s and the Supremes’ ruling was against the placing of monuments from every applicant, it was in favor of First Amendment rights allowing the free distribution of leaflets (newspapers) in public places like parks, courthouses, city halls, etc.
Clearly, the Emeryville City Council is violating our nation’s First Amendment in restricting all newspapers, be it the Secret News or the Connection, from being distributed on city property.
When taxpayers contributed it wasn’t called “Emeryville Connection”. It was a joint newsletter which did not permit dissemination of any political information. Once totally funded by the business community, it became “The Emeryville Connection” and then became political, as is “The Secret News” The information in your article leads the reader to believe that the present publicaton has been taxpayer subsidized.
The Commentor above is not being factual. When the Connection was being funded by the taxpayers, then and now it was slanted politically (more clandestinely then than now). This is the reason stated by the City for the action it took to stop the subsidy. After citizens complained, the City Manager stated he didn’t think it was wise to be seen as being part of a Chamber of Commerce agenda that was not so subtly being forwarded by the newspaper.
I’m not a lawyer, but my gut tells me the guy that quoted the Sepreme Court (Feb 28, above) is right; this ban seems like it’s not lawful. I think people ARE allowed to distribute newspapers at any City Hall.
The Chamber of Commerce guy is loco by the way.
How did Bob Canter get to be the leader of the Chamber of Commerce? He seems like a brick shy of a load. Does the business community support him?
I’m particularly interested in what the small businesses in Emeryville think of their Chamber–do they like it? Are they progressives who think globally, but shy away from acting locally? Would they have any pull with Bob Canter?
I don’t think the small business owners think much of Mr Canter nor the Chamber because, frankly, the Chamber doesn’t think much of them. The Emeryville Chamber of Commerce primarily serves the interests of large business in town. This is often at the direct expense of small business. I think they use small business to shake them down.
From,
An Emeryville small business owner
I think you should distribute at City Hall in defiance of this ruling. I don’t think this is constitutional.