Seattle council backs fee for Yellow Pages distributors

Despite a federal lawsuit, the Seattle City Council on Monday voted to stick with a 14-cent fee it plans to charge Yellow Pages distributors for every book that lands on Seattle residents' doorsteps.

But the city backed away from a $148 tonnage fee it approved in October to help pay the cost of recycling the advertising books.

Also in October, the council voted to create a registry for people who want to opt out of receiving Yellow Pages-type phone books.

The city will start collecting the 14-cent fee and launch its opt-out website in April. Distributors will face a $125 fine for every Yellow Pages directory delivered to residents who have opted out.

Three companies distribute Yellow Pages directories in Seattle: Dex, Yellowbook and Verizon Superpages.

On Monday, the council eliminated the $148 fee, in part because of a lawsuit filed by the parent companies of the three directories distributed in Seattle: Dex One, the Yellow Pages Association and SuperMedia.

The suit, filed in November in U.S. District Court, says the Seattle ordinance restricts publishers' right to free speech.

Councilmember Mike O'Brien, a former Sierra Club leader, took on unwanted phone books as his first major cause after taking office in January 2010. His measure passed 8-1, with only Councilmember Jean Godden opposed.

Godden, a former journalist, said in October it raised free-speech concerns, but she supported the amended ordinance Monday.

City attorneys said in response Monday that the council's opt-out ordinance does not violate the constitution.

"The Constitution does not give plaintiffs the right to impose their publications on those who do not wish to receive it," said the city in documents filed with U.S. District Court.

" Under the First Amendment and the Commerce Clause, the Ordinance is a proper mechanism to regulate the delivery of speech, irrespective of what message it conveys."

Yellow Pages companies have long said they had their own opt-out site, but even Neg Norton, president of the Yellow Pages Association, said the process didn't work well.

O'Brien said Monday he had tried to opt out and received a Yellow Pages directory anyway.

The Yellow Pages industry Tuesday is launching a revamped opt-out site that Norton said should make the city's plan redundant.

He said Seattle is the only city in the nation that has passed laws penalizing Yellow Pages distributors.

"This is the site everyone's been asking for," Norton said. "It's easy to use and is great for consumers."

He said the opt-out option is a win for the industry because it will save money in printing and distribution, and help advertisers target those who want Yellow Pages.

"We have no interest in delivering directories to people who don't want them," Norton said.

O'Brien said the 14-cent fee should raise about $300,000.

The city in February will sign a contract for management of the opt-out site with Catalogue Choice, a California company that already works in eliminating junk mail, O'Brien said.

He said the Yellow Pages distributors' opt-out site won't be as good as the city's.

The city may offer language-translation and will include opt-out fliers in utility bills, mailers and other outreach services.

O'Brien said the lawsuit influenced the decision to eliminate the tonnage charge.

"It was complicating what we felt is a straightforward move on the city's behalf to reduce waste and protect the privacy of citizens," he said.

To opt out of receiving yellow pages go to http://www.yellowpagesoptout.com/

Susan Gilmore: 206-464-2054 or sgilmore@seattletimes.com