News Rack Is Back at San Juan Capistrano City Hall

Originally posted at 12:40 p.m. Dec. 23, 2013.

Community Common Sense, the advocacy newspaper that sued the city of San Juan Capistrano after all newspaper racks were kicked off City Hall property, has brought its rack back to the epicenter of the controversy.

“This newspaper has been placed at this location under court order,” says a laminated notice attached to the rack.

On Thursday, an Orange County Superior Court judge issued a temporary restraining order, demanding the city allow Common Sense the opportunity to place a rack at City Hall and the Community Center.

For years, the Capistrano Dispatch and Capo Valley News have maintained news racks at the two city properties. But not long after Common Sense asked permission for a rack next to those publications in early August did the council decide to remove all racks.

In November, Common Sense sued the city, saying it violated the First Amendment rights of all the newspapers.

The order is a temporary solution, with another hearing in the court case scheduled for Feb. 27.

A copy of Judge James Di Cesare’s order is attached to each newspaper at in the rack. According to the order, the city had to accommodate the rack by Tuesday. It’s now located where a trash receptacle was once placed.