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March 31, 2009

To: Members of Port Clinton City Council

From: John Schaffner, President Schaffner Publications, Inc.

RE: Ordinance 34-08

Ladies and Gentlemen

As many of you know, I have not appeared in front of Port Clinton City Council previously regarding Ordinance 34-08,

although I have followed it closely. Now that the amended version has been approved, I feel that I must speak publicly

regarding this piece of legislation.

First, let me state unequivocally, that my company is in favor of litter control in the City of Port Clinton. For 26 years, The

Beacon has worked diligently to make the quality of its delivery a centerpiece of its marketing program. Whenever a

delivery complaint has been registered, it has been solved to the best of our ability.

Unfortunately, Ordinance 34-08 does not accomplish anything but target The Beacon and other free publications for

extinction. In its original form, it was discriminatory and probably unconstitutional. In its amended form, it isunquestionably discriminatory and most assuredly unconstitutional.

The Ohio Constitution states 1.11 - Every citizen may freely speak, write and publish his sentiments on all subject,

being responsible for the abuse of the right: and NO LAW shall be passed to restrain or abridge the liberty of speech, or

of the press.

The Ohio Revised Code states clearly (715.29) Any municipal corporation may regulate by ordinance the use, control,

repair and maintenance of buildings used for human occupancy or habitation, the number of occupants and the mode

and manner of occupancy, for the purpose of insuring the HEALTHFUL, SAFE AND SANITARY ENVIRONMENT of

the occupants.

Schaffner Publications, Inc. received no prior notice of the amended ordinance that was passed on March 10 that, by

amendment, directly targeted The Beacon as a violator of said ordinance, potentially violating public notice requirements

akin to notification needed for eminent domain legislation.

The amended ordinance creates possible tortuous interference and/or violations of the Equal Protection provisions of the

United States Constitution regarding separate treatment of paid vs. free. I remind council that The Beacon takes great

care to track, respond and remedy each and every call and complaint regarding delivery, most of which involve concerns

about getting missed. It appears that only a handful of members of Council have received and reported delivery

complaints not the City, Police Department or City Solicitor have reported ANY delivery complaints.

New laws should be the last, not the first, response to a perceived problem. After 26 years of publishing The Beacon and

distributing the publication FREE to the community, it seems strange that we now have a huge problem on our hands,

but we were never invited or encouraged to address these problems with actual citizens to work toward a best practice

solution.

Regarding the Ohio Revised Code and the powers afforded municipalities to legislate around litter the scope and

purpose is limited to insuring a healthful, safe and sanitary environment. A free newspaper does not pose a sufficient

hazard to the communitys health, safety or sanitation to rise to the legislative authority of a City to legislate in regards tolitter.

In light of the above statements, it continues to be our intent to work with the City of Port Clinton to establish a best

practices understanding regarding the delivery and distribution of The Beacon. I have long valued my relationship with

the City of Port Clinton. Our business model promises our advertising customers close to 100% home delivery of our

publication. Should the City persist with this senseless legislation, we will have no choice but to use every available means

to maintain delivery of our free good news newspaper to every residence in Port Clinton.

As a long-time observer of the Port Clinton political scene, I dont think there is any doubt that you Port Clinton City

Council have many more important issues to deal with other than commit your time and the Citys resources in an

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attempt to adjust the delivery practices of the communitys largest circulated newspaper.

Thank you for this opportunity to address you.

John Schaffner, President

Schaffner Publications, Inc.