They’re as a sure a sign of spring around here as a crocus; only they spring up and multiply on driveways across Newton. But as a Rich Shelley asked yesterday on Village 14’s Facebook page:
Why is this allowed – how can it not be littering? Can anyone just wander through Newton throwing whatever they want on the ground?
Who said it’s allowed?
If I recall, many, many years ago, I asked the same question to our Law Department who informed me that it was considered protected First Amendment commercial speech. There is a City Ordinance which I thought would apply but the Law Department advised that was a problem with the language in the ordinance. They also advised that if we were to we would probably pursue some type of ordinance, it would have to apply to all free commercial speech – not just landscaper advertisements. At the time – back in 2012, Cambridge was looking at establishing a registry – kind of like a “do not call” registry which has been upheld by courts – to deal with unwanted phone book distributions and added that we would most likely need a law clerk to help with crafting it because they were shorthanded.
@Amy: Thanks for the explanation. Any chance there’s a bylaw prohibiting the tossing small white stones on peoples’ properties?
Why isn’t a Newton Tab being dropped on everyone property littering
If someone tries this, let me know how it works out: Call them up and say you want them to do some yard cleanup. When they arrive, ask them to pick it up.