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Tuesday, July 28, 1998

Councilman proposes news rack restrictions

By Mike Zapler
Review-Journal

      City Councilman Michael McDonald introduced an ordinance Monday aimed at stopping the proliferation of news racks -- especially ones that contain adult-oriented publications -- in Las Vegas.
      The measure would require each rack to be licenced by the city Public Works Department at a cost of $25, plus a $25 annual renewal fee.
      McDonald said he has received complaints from people about the placement of news racks near neighborhoods and schools. One rack with sexually themed material recently was spotted near Red Rock Elementary School, he said.
      "The adult industry is just bringing in the racks and setting them down," McDonald said, adding, "The city has to look at protecting our children."
      Steve Coffeen, circulation director of the Las Vegas Review-Journal and Las Vegas Sun newspapers, said McDonald's ordinance is too broad and would unfairly harm mainstream publica- tions.
      "If the city is concerned about the type of material being distributed, I think they're punishing the wrong companies," he said. "The only people who seem to be complying with (existing) law are the respectable daily newspapers."
      Besides the licensing fees, the ordinance also would regulate where news racks could be placed. Existing code prohibits, among other rules, racks within five feet of any marked crosswalk, fire hydrant, fire or police call box or other emergency facility.
      McDonald's ordinance would prohibit news racks from being permanently attached to sidewalks or streets. It also would require that materials be completely contained and not placed on the top or bottom of racks.
      Racks that are not licenced or not in compliance with the other regulations could be confiscated by the city. Owners would have to pay $75 to get a rack back, up from the current $50 fee.
      Clark County has similar restrictions on news racks, but according to Coffeen, it only assesses license fees for racks along the Strip.
      Allen Lichtenstein, a cooperating attorney for the American Civil Liberties Union of Nevada, said he is reviewing the nine-page ordinance for possible problems.
      "We're going over it to try and ensure there is nothing in there to offend constitutional sensibilities," he said.


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