"Court issues split decision in Atlanta airport, newspaper feud"

Wednesday, December 8, 2004

Judge settles airport, newspaper dispute
By BILL RANKIN
The Atlanta (GA) Journal-Constitution


A federal judge ordered three newspapers, including The Atlanta
Journal-Constitution, to pay the city of Atlanta nearly $350,000 in back
rent for news boxes at Hartsfield-Jackson International Airport while
awarding the newspapers $1.35 million in legal fees.

Atlanta had demanded $553,220 from the newspapers in a dispute that dates
back to the 1996 Atlanta Olympics, when the city attempted to force the
newspapers to lease city-owned boxes. The Journal-Constitution, USA Today
and The New York Times objected and filed suit, claiming the city's policy
infringed on the freedom of the press.
  
In a Dec. 2 ruling, U.S. District Judge Richard Story awarded the city
$349,645 in back rent for the boxes, but he slapped the city with much of
the newspapers' cost of conducting the eight-year litigation.

The city had asked Story to award the newspapers only $106,263 in legal
fees.

Story reduced the newspapers' claim for legal fees by 20 percent but said
the city was not entitled to more of a break because of the government's
"stubborn litigiousness."

The judge also cited the importance of the newspapers' lawsuits. The
newspapers, his ruling said, "have succeeded in securing these vital First
Amendment guarantees not only for themselves but also for the public in
general."

The newspapers sued after the Department of Aviation sought to remove the
newspapers' boxes at the airport and replace them with city-owned boxes. The
city wanted to charge $20 a month for each box used at the airport -
increasing to $30 per box in 2003.

The newspapers argued the fee was excessive because it was more than the
city's cost of maintaining the boxes. The newspapers won a court order to
stop the city's plan.

Last year, the 11th U.S. Circuit Court of Appeals ruled that it was
reasonable for the airport to charge fees to the newspapers and ordered
Story to consider the city's claim for lost revenues dating back to 1996.

Story determined the newspapers owed $15 per box, plus interest, which the
judge said adds up to $349,645. The Journal-Constitution must pay
$240,072.60, while USA Today must pay $90,801.39, with the Times liable for
the balance, according to his ruling.

Journal-Constitution publisher John Mellott expressed satisfaction with the
outcome. "We're obviously very pleased that Judge Story has recognized our
patience and persistence by strongly affirming the First Amendment in this
unprecedented case," Mellott said.

Eric Schroeder, a lawyer for USA Today, said his client "is extremely
pleased with the decision."

City Attorney Linda DiSantis said Tuesday her office still was reviewing the
decision.


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