Unsolicited Materials Ordinance Needed

Unsolicited newspaper style advertisements in various stages of disintegration in the street

Unfortunately, not all businesses are good neighbors who behave responsibly. Therefore, we need common-sense, reasonable, and constitutional restrictions on the delivery of unsolicited materials to residential neighborhoods.

My correspondence in 2016 with the Oklahoman Media Group – publishers of The Buyers Edge and OKC Select – are shown below, and describe my situation, so I won’t repeat that here. The tl;dr version is that these plastic wrapped unsolicited advertising bundles are indiscriminately littered about the neighborhoods where they accumulate, disintegrate, and become an eyesore and an environmental problem. The Oklahoman refuses or otherwise fails to honor requests from residents to cease, refuses to voluntarily deliver their materials in a responsible way, and refuses requests to clean up the mess they have made.

I quickly created this page to be a convenient place to refer stakeholders and elected officials to my photos, videos, and documents illustrating the need for an ordinance requiring distributors of unsolicited written materials to deliver their materials in a responsible way, and to honor residents’ rights to bar the delivery of unwanted materials to their property.

A number of communities have already enacted ordinances to prohibit unsolicited materials from being dumped in the streets, yards, or driveways where they will be blown around and just trash out the neighborhood. These ordinances require that unsolicited materials be delivered to the front porch or other designated location, and if a notice is posted by the resident barring solicitors or distribution of materials, that request must be honored.

The Buyers Edge (Oklahoman Media Group) dumped in the middle of the street in front of my house on November 27, 2019 in spite of dozens of requests both by phone and in writing that they not deliver their product to my home.

The Lexington-Fayette (Kentucky) Urban County Government enacted an ordinance requiring responsible delivery of unsolicited materials. The ordinance faced a First Amendment challenge in federal court, but it was ultimately ruled to be valid and constitutional by the Sixth Circuit Court of Appeals in early 2018. Since that time, many other communities have adopted similar ordinances. It is time for the City of Norman to do the same.

The Oklahoman Media Company’s Buyers Edge dumped at the end of my driveway on January 14, 2020 in spite of numerous requests that this product not be delivered to my home. Shortly after, this paper rolled or blew into the street where it remains as of this writing.
Locations of the Buyers Edge in various stages of disintegration in one small square block (my street and the next street over) on December 2, 2019. Detailed photos below.

My initial written letter of complaint (with attached photos) to the Oklahoman Media Company – Feb. 2016

Oklahoman Media Company Response

My reply to OMC Response

Facts related to my 2016 correspondence with Oklahoman management:

  • Instead of adopting proper practices with regard to the entire operation, the promised remediation in response to my letter was only with regards to my neighborhood, presumably because I complained and threatened to go to the City Council and file a police report for littering.
  • In spite of Mr. Wynn’s claim that they would “sweep” my neighborhood for unretrieved product each Friday, to the best of my knowledge this never occurred.
  • As far as I could tell, instead of implementing porch delivery in my neighborhood, they simply ceased delivering to my neighborhood altogether.
  • If OMC did intend to switch to porch delivery, the “sweeps” for unretrieved product from streets and driveways would not be necessary.
  • Mr. Wynn is still the circulation manager at OMC as of January 2020. Now that delivery to my neighborhood has resumed, the product is being dumped in the streets or on the edge of the yard or driveway, and not on the porch as Mr. Wynn promised to do in my neighborhood “going forward”.
  • No remedial action on the part of OMC has occurred in spite of several calls to the Oklahoman circulation department.

Lexington-Fayette County, KY Ordinance governing unsolicited written materials

6th Circuit Court of Appeals Order holding that the Lexington-Fayette County, KY Ordinance is constitutional

November 2019 – January 2020 – Littering starts back up – Opt-Out requests are NOT honored

After my written complaints in 2016, delivery to my neighborhood mostly ceased altogether. I saw only a few problems with OKC Select/Buyers Edge in my neighborhood until the fall of 2019. Deliveries to my neighborhood have now resumed, including to the driveway, yard, or street in front of my house. Multiple calls to the Oklahoman circulation department requesting once again that these materials not be delivered to my home and that the previously delivered papers (which are now disintegrating in the street or yard) be cleaned up have yielded no results.

Ordinances in other communities:

https://www.google.com/search?q=unsolicited+written+materials

KOCO-TV Story from 2015 about Buyers Edge Trash

KOCO-TV Illustration

Selected comments from other Norman residents on the Nextdoor app/site in response to my posts in 2016 and 2019.

In the last 2 months we have called them and requested 3 times that they stop throwing the weekly ad/paper. They take our info and say they put in request to have it stopped. They still are doing it.

K.H. – College Manor – Jan. 4 2020

I live in Sherwood Forest and too hate these paper deliveries. They litter my street and homeowners don’t pick them up so I collect while walking my dog.

C.K. – Sherwood Forest – Dec. 6 2019

I just called and asked them to stop. She tried to tell me that “they” have told the Oklahoman to stop throwing them in the street. I [don’t] understand how that isn’t considered littering and how they get away with it. She said they received calls all day yesterday.

J.T. – Eagle Cliff Cedar Lane – Dec. 5 2019

It goes right in the recycling bin and they’re always wet!

E.P. – Eagle Cliff Additions – Nov. 30, 2019

I was just ranting about this earlier this month. I use mine for my bird’s cage, but those that aren’t even picking it up out of their yards are contributing to paper waste… tempted to have a talk with the delivery person.

B.M. – McGee-Berry – Nov. 27, 2019

I actually threatened to sue them about 5 years ago if they delivered another advertisement to my house. At that time they said they had no control of who the independent contractor delivered to. I told them my attorney would be calling and explain consumer protection laws to them and I didn’t get one for about 5 years. I noticed about 3 weeks ago they are back and are all over the street on my block. Evidently no one else wants them either. Maybe someone needs to collect them and take them to The Oklahoman offices and dump them in the lobby?

L.B. – McGee-Berry – Nov. 27, 2019

I also called them and requested a stop. It only worked for a few weeks and they started littering again. I noticed this morning that they are at it again.

K.D. – Berry Estates – Nov. 27, 2019

Oh my gosh! Thank you for posting this! They drive me crazy!

G.W. – University – Apr. 17, 2016

Even after you opt out you might get them from time to time. Seems like every time they get a new delivery driver we get a few. If it happens more than once or twice I call them again. I hate it. Seems like 95% of people just throw them away. It keeps circulation numbers artificially high so they can attract advertisers.

F.B. – McGee-Berry – Apr. 18, 2016

Thank you, I’ll start calling. That is a nuisance & a mess.

R.M. – Berry Estates – Apr. 18, 2016

Thank you for the information. We have been very frustrated trying to stop this delivery and it is a waste.

K.A. – CollegeManor–ForestHills – Apr. 18, 2016

Leave a comment

Your email address will not be published. Required fields are marked *