A municipal bylaw aimed at regulating the distribution of graphic flyers to homes in London, Ont., is being sent back to city staff before councillors will consider granting their approval.
The referral came after councillors were presented with draft bylaws for regulating flyer distribution during Tuesday’s meeting of city council.
One of the draft bylaws prohibits flyers from being dropped off at private homes, so long as there was a sign that stated “no flyers,” “no junk mail” or any similar wording. A number of mail items would be exempt, such as government mail, anything delivered by Canada Post or community newspapers.
Another draft bylaw also prohibited the distribution of flyers containing graphic images, with a graphic image defined as “detailed pictorial image or series of images, containing potentially sensitive content that may cause or trigger a negative reaction to the health and wellbeing of any person at any scale.”
“An example of a graphic image may include, but is not limited to, dismembered human beings or aborted fetuses,” the draft bylaw added.
Fines would start at $75 for the first bylaw and $350 for the second one, with both carrying maximum fines of $5,000.
Soon after debate opened on the bylaws, Coun. Steven Hillier put forward a motion to refer the bylaws back to city staff for potential adjustments.
One potential adjustment includes having graphic flyers wrapped up when dropped off in the mailboxes of private homes.
“This allows anyone who wants to read it to simply unwrap it or not. Having an open visible literature on the doorstep eliminates the choice for parents to protect their children from this,” Hillier said.
“I would like to propose a referral back to staff to explore the possibility of requiring any literature that is being left at the door to require the same public requirements as outdoor displays and even our public participation meetings.”
Coun. Maureen Cassidy to offer praise for the referral and asked that city staff also explore requiring a graphic warning on any covering placed on graphic flyers “so that people know before they open it, what to expect.”
Other councillors who expressed support for the referral said they were doing so under the condition that another draft bylaw would be brought back to council in a timely manner.
When asked by Coun. Jesse Helmer how long that could take, city solicitor Barry Card said it would depend on the priority given by council.
“The council’s priority is our priority, so if it’s 30 days, 60 days, 90 days, your choice. We’ll just move other matters to the side while we deal with this,” Card said.
Coun. Michael van Holst, who voiced opposition for the initial draft bylaws, said he would support the referral as he believes it may the reduce potential for the bylaw receiving a court challenge.
Coun. Shawn Lewis opposed the referral, urging his councillors “to get to a decision point tonight.”
Council first began exploring options for regulating graphic flyers in November 2020, in response to mounting outrage surrounding the distribution of graphic anti-abortion literature at London homes. The Viewer Discretion Legislation Coalition, a local group aimed at tackling the distribution of graphic anti-abortion imagery, also staged a rally outside city hall around that time.
“Let’s not delay taking some action any further,” Lewis added.
All councillors voted in favour of Hillier’s referral, apart from Lewis and Coun. Stephen Turner.
Mayor Ed Holder and Coun. Mo Salih were absent during Tuesday’s meeting.