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violation of the First Amendment. 1 However, reasonable controls i.e. controlling the number, "" size, construction, placement and appearance of the newsboxes will survive a constitutional attack ifthe basis for the regulation is to protect a legitimate state interest. 4 Two examples of legitimate state interests are aesthetics, and safety. For example the City can regulate newsboxes that interfere with pedestrian or vehicular traffic safety, public transportation or other government use of the street, or the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.5 We must be very wery of any ordinance modifications requiring service fees that exceed the cost of performing the service as those types offees are a violation of Proposition 218.6 The courts have asserted that the right to distribute newspapers and other periodicals on public streets lies at the heart of our constitutional guarantees of freedom of speech and freedom of the press. Therefore, the City must be very cautious in revising the newsbox ordinance or face a constitutional challenge where the courts will likely "side" with the plaintiff. The following are a range ofregulations (some of which are provided in SAMC Chapter 33) that have been upheld by the courts as constitutional regulations of newsboxes. 1. Requiring Permits. In general, SAMC 33-152 requires that a one year permit and identification decal be obtained to operate a newsbox. Said permit is subject to the approval of the Executive Director and must be approved or denied within 120 days. The courts assert that it "" is OK to require permits if the permit: a. Is for 1 year; b. Conditioned upon applicant paying all City fees; c. Conditioned upon applicant obtaining a identification decal required; d. Conditioned upon applicant providing a complete application package including required Insurance; e. The City must provide a reasonable time period (30 days) and definable standards in which to accept or reject permit; f. Application fees must accurately reflect the cost to process the application. g. Fees be paid per newsbox. 2. Limiting Placement: In general, SAMC 33-157 identifies locations where newsboxes can be placed. The courts assert that in general it is OK to limit where newsboxes are placed. For example City may require that newsboxes: ....... 3 Remerv. City ofEl Cajon, ( ) 52 Ca!. App 3d. 441 at 444 , Id. , Kash, at 298 6 Prop 2t8 prohibits local agencies from charging more than the cost of the service. THIS DOCUMENT IS CONFIDENTIAL AND SUBJECT TO THE ATTORNEY CLIENT AND/OR ATTORNEY WORK PRODUCT PRlVELEGES. DISCLOSURE OF THIS DOCUMENT OR THE CONTENTS THEREOF MAYBE A VIOLATION OF LAW. 2