Friday, July 17, 2009

The handbill

Tommy Valentine, a local hip-hop artist and music promoter, emailed yesterday with information regarding his dissatisfaction with being fined for solicitation and distributing a handbills (i.e. flyers).

Athens-Clarke County code offers some clarity (somewhat) on this in two places.

The first reference deals with distribution in public parks ...

Sec. 1-10-3. Posting bills, signs, etc.; distributing handbills; scattering trash.
It shall be unlawful for any person to affix any bill, sign or notice on any tree, building or fixture in any of the parks of Athens-Clarke County. It shall be unlawful for any person to distribute any handbills or dodgers or scatter or place any paper, books, refuse or trash of any kind in or about any of the public parks in Athens-Clarke County.


Another section of the code deals with the distribution of handbills in public places. While other parts of the code address handbills, they focus on affixing them to permanent fixtures or the unlawful distribution on private property ...

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.


The latter, it would seem, permits the handing out of flyers in certain circumstances, but I'd like to get some feedback from folks who are, you know, more legally inclined than I am.