Circulation Director Charged With Littering

By: Mark Fitzgerald A complaint from a single household in West Bloomfield Township, Mich., about unsolicited free delivery of The Birmingham-Bloomfield Eccentric is turning into a Kafka-esque legal ordeal for the circulation director of the Observer & Eccentric Newspapers, who faces a jury trial on misdemeanor criminal charges of littering.

"It is the most bizarre thing I've ever seen -- and I've been in the business 24 years," said LeeAnn Mitchell. The circulation director for the Eccentric's parent company finds herself as the lone individual charged in case number 03-12975. The "littering" at issue consists of three copies of the Eccentric delivered over a period of two weeks against the wishes of residents Aleta and Kenneth Meskin.

On Oct. 29, Mitchell has one more chance to stop the trial before its Nov. 24 scheduled date, when a judge considers a motion to dismiss.

The motion, drafted by lawyers provided by the O&E, cites numerous reasons to dismiss, including First Amendment considerations.

In a brief telephone interview, Township Attorney Timothy L. Cronin offered terse answers but little explanation about the case. Why did the township agree to file the case in the first place? "Because of the littering." Why is only Mitchell charged? "Because it's my understanding she is the circulation director."

The paper distributes some 17,000 copies on Thursdays, half paid, and about two-thirds as many on Sundays.

The case has been brewing since July when Aleta Meskin, in three calls in rapid succession to the paper, angrily objected to the delivery of the Eccentric, which is delivered to non-subscribers as well as subscribers in the area. The Meskins were added to a do-not-deliver list, and when they erroneously received another copy, the carrier's pay was docked, Mitchell said, and the Eccentric even stopped delivering to the entire block.

As Mitchell waits for this week's court hearing, the newspaper's plans in West Bloomfield Township have been thrown into turmoil. The paper has stopped all non-subscriber household deliveries, and is relying on bulk drops at restaurants and office buildings, she said.