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"The distribution of your company's newspapers/flyers which are placed or thrown onto both private and public property fall within the ordinance definition of 'litter,'" Kelly's letter said.Īt $800 per copy, the Free Press says littering penalties would fine it $2 million a week, or $104 million a year, just for "doing business" in Orion. In February, Orion attorney Daniel Kelly told the township "had received complaints from private property owners of an ongoing dumping, depositing, placing, throwing, or leaving of unrequested and undesired newspapers and or flyers." The Free Press says Orion township, which has at least 2,500 homes on its route, have been trying since February to intimidate it out of circulation. "Mistakes can occur," the Free Press says, but the newspaper claims to "make reasonable efforts to see that is, in fact, requested and welcome at the homes to which it is delivered."Īfter all, "the publication is expensive to produce and deliver," according to the complaint.ĭelivery by motor route is the only practical way to distribute the newspapers, but the Free Press bags its free Select publication to prevent copies from becoming wind-bone, according to the complaint.
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Orion and the Free Press have been at odds for months over distribution of Select, a weekly insert that the Free Press makes available to Sunday subscribers and without charge to nonsubscribers in the metro Detroit area. "We are not litterbugs, stop ticketing us," the paper's headline proclaimed. The May 11 lawsuit against Orion Township came one day before Michigan's largest daily newspaper brought the dispute onto its broadsheet. DETROIT (CN) - Facing an annual fine of $104 million, the Detroit Free Press filed a federal complaint to defend its circulation from one town's anti-littering kick.