LEAGUE CITY — Calling it a quality of life issue, city council members voted to appeal a federal court decision allowing newspaper sales at intersections in League City.
The decision could be expensive, but council members say it is worth it.
“At least four members of the coun-cil feel confident that we could win the case,” said Mayor Jerry Shults, who votes only in ties.
In 2004, citing safety concerns, the council passed an ordinance banning solicitations at intersections. Police had used that ordinance to ticket Houston Chronicle vendors for selling papers on medians near FM 518 and Interstate 45.
This summer, the Houston paper and The Daily News sued. The papers argued, and a federal judge agreed, that the rule was unconstitutional.
U.S. District Judge Samuel Kent noted that the city undermined the safety argument by allowing groups like the Boy Scouts or firefighters to seek donations at intersections while prohibiting newspapers sales.
Up until this point, the Texas Municipal League has picked up the city’s legal tab.
But after the appeal, the city will be responsible for its cost and, if it loses, could have to pay the newspapers’ expenses as well.
“If they decide to appeal we will cross appeal for the denial of attorney’s fees, which will ultimately result in the city of League City having to pay hundreds of thousand of dollars in attorney’s fees,” said Charles Daughtry, attorney for The Daily News. “It is a shame they will have to waste taxpayers’ money in what I think will ultimately be a losing effort.”
But council member Tad Nelson, an attorney, said he believes the city can win. He said the residents he represents want the council to try regardless.
“I can take it or leave it, personally,” he said. “When you are a city council person, you don’t do what you want — you do what your constituents want. I think my constituents want us to fight this issue.”
Council voted to appeal after a closed-door meeting last week.
Shults said he is not sure when the paperwork will be filed. He said council is prepared for a potential cost, though, of at least $50,000.
Once appealed the case will go to the U.S. Court of Appeals for the 5th Circuit, normally based in New Orleans. Because of damage from Hurricane Katrina, that court is operating out of Houston.
