The handbill clarity

I've been doing some work to decipher, somewhat, the existing code that regulates the distribution of handbills in Athens-Clarke County. Local rapper Tommy Valentine has emailed a massive plea arguing for changes in the city's ordinance governing the practice and also taken to Facebook to mobilize support for such action.

This portion of the code would seem to be the reason Valentine was fined ...

Sec. 3-12-10. Throwing or distributing commercial hand bills in public places.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within Athens-Clarke County. Nor shall any such person hand out or distribute or sell any commercial handbill in any public place; provided, however, it shall not be unlawful on any sidewalk, street or other public place within Athens-Clarke County for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.

In his email, Valentine argued this was a new ordinance ...

... I was also told that handbilling is no longer allowed in Athens-Clarke County. After some digging, I was further informed that a great deal of this has to do with my city’s need for greater income. By following and fining for stricter regulations, alongside the increase in downtown parking fees, the city might receive much needed funds.

Truth be told, the distribution of commerical handbills in Athens-Clarke County has been banned for more than 17 years.

This has been law in the community since April 1992 and, based on conversations I've had with folks who would know, it refers to the distribution of handbills for commercial reasons (i.e. the selling or marketing the sale of a particular good or service). Valentine, as he acknowledged in his email, was promoting a concert, thus meaning it was a commercial event and was punishable with a fine.

The community has, however, various public kiosks and boards where the placement of commerical handbills or posters is permittable, and there are various businesses which have similar displays for such types of events.

Valentine's plea, then, rests on connecting the issue with the hopes of the declared candidates for mayor ...

I would hope that this is especially concerning to those of you planning to run for local office next year: Nancy Denson, Charlie Maddox, and others. Can you honestly say that you do not plan to hand out pamphlets supporting your campaign? What about every single one of the current elected officials of this city? Can you honestly say that you would be where you are today if you did not have the right to hand out information to the voters of this city?

This, though, is mistaken. Political advocacy would be classified as a noncommercial activity which is permittable under existing law. The existing ordinance merely restricts the ability of folks to pass out materials that sell a good or service to folks walking by on the street.