Bortz on Benches

People are still questioning Chris Bortz about his idea to limit those advertising benches along Cincinnati streets, which passed council in June and took effect early this month. City Manager Milton Dohoney says the city doesn't have spare time or spare money to start a massive remove-the-benches campaign now, but that the ones that violate the rules will be taken out. He hopes to have all those that violate the rules off the streets by the end of the year.

Here's Bortz's latest elaboration, from an e-mail exchange with Stephen Dapper, a guy who writes that he might just line his property with the benches:

"The bench company pays the city $30 per year per bench to use the public right of way. In turn, the company charges anywhere from $18 to $35 per week to advertisers. The company earns, net of permit expense, a minimum of $900 per year per bench. There are over 1,000 benches in the city. The math is straightforward. In effect, the company makes a substantial profit by using the public right of way. Given the quality of the benches, it is clear that the company’s profits are not plowed back in to the product. Graffiti is not removed and trash accumulates on and around the benches. The city has no say over the content of the paid advertising, the quality or type of bench used, and, until recently, could not legally remove illegally placed benches. Interestingly, the last time the city tried to deal with the issue, the company offered free advertising to community groups and community councils to win political support.

There is no absolute First Amendment right to use the public right of way for profit by placing paid advertising. That kind of speech (commercial speech) is protected, but the State (read the government) has no obligation to offer public property for private, for-profit use.

My intention is remove the advertising benches and replace them with nice park style rod iron benches or something similar. It is the first step of many which I hope will clean up the area around the bus shelters, not to mention all along the neighborhood business districts. I believe if you clean up the environment, people are more likely to keep it clean. Furthermore, as the "broken windows" theory goes, people are less likely to commit crime.

Unfortunately, some people have the notion that I intended to just remove the benches. Of course, that would be callous, and was never my intent.

Please don't hesitate to write again if you feel I have missed your point."