
Phoenix New Times
Phoenix officials and one of our favorite local curmudgeons, gun-law expert Alan Korwin, are scheduled for a courtroom showdown next month over banned firearms-training ads.
The case was launched following the city's move to censor 50 bus-shelter ads that Korwin had purchased in October 2010 for his firearms-training website, trainmeaz.com.
"Guns Save Lives," the ad stated in large type. "Arizona says: Educate Your Kids."
The bus-shelter ads, part of a larger ad campaign Korwin was doing at the time for his company, also contained a large amount of small print about gun rights and Arizona's concealed-carry law. That makes sense knowing Korwin -- he always has a lot to say about firearms and related rights. His books include the hilariously titled, "After You Shoot: Your Gun's Hot, The Perp's Not, What Next?" His TrainMe website hosts advertising for affiliated gun stores and training centers.
Korwin agreed to pay $11,000 to CBS Outdoors, which manages the bus-shelter ads for Phoenix. The ads went up on October 12.
One week later, city of Phoenix officials decided they didn't meet a city requirement that such ads provide "adequate notice" of a commercial transaction. Overnight, the ads disappeared.
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| Alan Korwin |
The American Civil Liberties Union of Arizona filed anamicus curiae brief in the case on behalf of Korwin, noting that the Arizona Constitution provides an even greater free-speech protection than the First Amendment.
On its face, the city standard requiring notice of a commercial transaction for bus-shelter ads sounds clear enough. Courts in other states have held that cities can make such restrictions.
The problem is that the requirement is used not to provide a standard, but as a tool that allows the city to reject any ad, for any reason it wants. The city must merely claim the ad doesn't meet the standard -- it's not required to prove it doesn't meet it.
