Rehoboth delays decision to restrict newsstands

During a workshop June 8, Rehoboth Beach commissioners resumed a discussion of an ordinance that would limit the number and location of newsstands throughout the city.

In November, Dennis Jeney, city code enforcement officer, said the ordinance is a response to citizen complaints, and in the past few years, there has been a significant increase in the number of newsstands in the city.

They are a blight on the community, and they just look terrible, said Jeney in November.

In preparation for the June 8 meeting, the city modified the proposed ordinance, mostly related to a proposed appeals process – the processing fee was decreased from $500 to $100; the time frame for a decision on an appeal was decreased from 90 days to 60 days; and a section calling for a hearing before the commissioners was removed in its entirety.  

Cape Gazette Co-Publisher Chris Rausch submitted a letter in response to the ordinance. He argued the ordinance could violate First Amendment rights and would restrict citizen access to news about city business. He also said the ordinance is vague, could not be fairly administered as written, and under the current circumstances, the city had bigger issues to resolve.

From the beginning, city solicitor Glenn Mandalas has reminded the commissioners they can attempt to pass an ordinance, but there are important constitutional rights associated with limiting the press. He requested time to evaluate the ordinance with Rausch to find a balance between the city’s desire to clean up the streets and protecting the First Amendment rights of the press.

Commissioner Richard Byrne said he was in favor of waiting. He recommended looking at an ordinance in Key West, Fla., that limits newsstands by limiting them to no more than four in one place; groups of four can be no closer than 70 feet; and publications must complete an application process.

Rausch said he agreed improvements could be made on the location of newsstands throughout the city and that the Cape Gazette would offer assistance to the city in drafting an ordinance suiting everyone’s needs.