Deliveries Must Cease

The unsolicited Newsday packets delivered each week in East Hampton and elsewhere on Long Island will be a bit more difficult to deliver from now on, courtesy of a state appeals court ruling.

The case in question involved a Jericho man who sued Distribution Systems of America Inc., the Newsday subsidiary that dropped off unwanted free material in his yard. Newsday countered that distribution of editorial material was protected by the First Amendment.

The company has said it would cease deliveries to anyone who objects, but many have complained the packets continue to be hurled onto their lawns and driveways despite their pleas.

To Appeal Ruling

The Appellate Division upheld a ruling that property owners had the right to keep trespassers and unwanted materials off their property.

"I'm delighted," said Town Supervisor Cathy Lester, who said she has had a continuing debate with Newsday about the issue. Ms. Lester said she had been warned the company would sue if the Town Board took steps, as it has contemplated, to limit distribution.

Newsday is expected to appeal the recent ruling on the grounds that it represents an untoward restraint on the right to free speech.

A spokeswoman for the company, Elizabeth Drewry, a vice president in charge of employee, labor, and public affairs, said delivery people are instructed to pick up packets if they remain in a driveway for a week and to stop servicing that address afterward.

"We're not going to be put in the position of paying a penalty if someone makes a mistake," she said.

Local Law?

East Hampton Town Attorney Robert Savage said the town might take advantage of the ruling to urge residents to inform Newsday they do not want the distributed material.

"We could pass a local law. That way, if there had been notice, and they don't cease, they would be in violation," he said.

Mr. Savage said he had discussed the matter with a Newsday attorney, who told him the company had a constitutional right to deliver.

"That doesn't give them a right to litter," said Mr. Savage. Town officials have complained many of the unclaimed packets become trash in the street.

Complaints

Mr. Savage has suggested the town provide mail-in forms for the use of those wishing to cancel the service, which they could send to Newsday. If those residents continued to receive the material, the theory runs, Newsday could be held responsible.

Peter Hammerle, a Town Board member, said he would support such an initiative.

"I'd like to see them out of here altogether, and whatever we could do I'd like to do," said Mr. Hammerle. He said he was "not aware of anyone who wants [the packets]."

The Councilman said he had received complaints from an Amagansett neighborhood last week. "I heard they just threw them in the middle of the road."

Coupons Within

Ms. Drewry acknowledged there were problems with the system, but contended that many people want to receive the free distributions for the cents-off supermarket coupons they contain. "We want those people who want them to get them," she said.

"We work hard to clean up our routes," Ms. Drewry added. "We don't want people to be upset with us." She pointed out that there was a phone number printed on each delivery bag to call and cancel the service.

"We have a good mechanism in place now and a good manager to oversee the system," said the Newsday spokeswoman. "It's a beautiful area out there. All we are saying is, we want to work with you and we want you to work with us."