flyers on car windshields, get strewn about the parking lot - who is to blame for the littering?

[Win Place Show]

Someone advertising their business by sticking flyers underneath every car's windshield wipers in the parking lot - obviously a good percentage of people will remove them, (maybe) look at them, then discard them on the ground.

Who is more culpable for any charges of littering? I'm presuming the individual car-owner, but can the business owner handing them out be held responsible as well?

[Keeve]

I wish there was a law against putting them on my windshield, but I'm not aware of any.

Originally Posted by Win Place Show

... can the business owner handing them out be held responsible as well?

It's not littering while it is still in his hand. And after someone accepts it, it is their problem. That's a lot less complicated than the windshield case.

[Chimera]

The person who throws it on the ground bears 100% responsibility for their actions.

[Ambivalid]

So could the person who had the flyer tucked under his wiper just take it and put it under someone else's wiper? Instead of littering?

[Napier]

Why isn't putting the flyer on the windshield littering?

[Ambivalid]

Originally Posted by Napier

Why isn't putting the flyer on the windshield littering?

That's my question as well. If it's not littering, then the next time I get one on my windshield I'm just going to put the flyer on the windshield of the car next to me. That way, in the eyes of the law, I've committed no wrongdoing. Right??

[Rachellelogram]

You just need to put a "No Soliciting" sticker in your windshield, then take the next company who flyers your car to court. Bam, instant win.

[Darryl Lict]

Originally Posted by rachelellogram

You just need to put a "No Soliciting" sticker in your windshield, then take the next company who flyers your car to court. Bam, instant win.

Interesting idea, but I think the " No Soliciting" sign will make it harder to pick up streetwalkers.

[An Arky]

My invention idea of the day: One of those sun shield things that says "No Flyers" in several languages.

[Keeve]

Originally Posted by Napier

Why isn't putting the flyer on the windshield littering?

Good question. I'd love to know the technical, legal definition, in those jurisdictions where littering is illegal. My guess, though, is that when one litters, the litter is subject to the whims of the wind and other environmental factors. But when one puts a flyer under a wiper blade, it is in a secure location, albeit a location which one does not have permission to use. If one wanted to pursue the matter legally, my guess is that he'd have better luck with "You did something bad to me," than with "You did something bad to the public."

[Keeve]

Originally Posted by Ambivalid

If it's not littering, then the next time I get one on my windshield I'm just going to put the flyer on the windshield of the car next to me. That way, in the eyes of the law, I've committed no wrongdoing. Right??

Maybe nothing wrong in the eyes of the law, but how do your personal ethics see the issue? It seems to me that you'd be just as "wrong" as the guy who put the flyer on your car. If putting flyers on cars is an objectionable act, then you've done it too.

[shiftless]

If they put the thing on my car and it blews off, they would be littering. The simple act of lifting my wiper blade and sticking the flyer there doesn't make it my problem. If, instead of throwing it on the ground, I just turn on my wipers, am I still a litterer? What if I drive around until it flys off? One business created the situation and their name is right there on the flyers flapping around the parking lot.

[Omar Little]

Originally Posted by Win Place Show

I'm presuming the individual car-owner,

So, I put my half empty McDonald's cup on the hood of your car, as I walk through the parking lot, you become the one responsible for properly disposing of it? Got it.

[CookingWithGas]

One of these days I'm going to collect a bunch of these from the parking lot and drop them on the front step of the company that advertised that way.

[ExcitedIdiot]

The master speaks.

EDIT: It's a staff report.

[Omar Little]

I've got the same beef with the various yellow pages companies that drop off the phone books either on my front porch or next to my mail box without me requesting them. They go directly from the place they drop them off right into the recycle bin. What a waste of paper.

[Mithras]

Here (Pittsburgh), we had an ordinance outlawing leafleting on windshields to prevent litter. It was challenged and a federal court issued an injunction saying that the city would likely lose the case on free speech grounds. I think it was then repealed before the final judgement. So it'd be an uphill battle to not have the entire burden for littering fall on the car owner.

Regardless, windsheild leafleters are jerks.

[BwanaBob]

I say free speech would only apply if I'm there in person to receive the flyer AND I am willing to accept it. There's no inherent right for you to force me to read something against my will.

As much as I find it distasteful, I pull the sheet off, drop it and feel the originator is responsible (much like the previously mentioned jerk who puts an empty coffe cup on my car - not my responsibility!)

[Keeve]

Originally Posted by ExcitedIdiot

The master speaks.

EDIT: It's a staff report.

Yeah, that pretty much explains it all.

For those who don't want to read the whole thing: The advertisers have freedom of speech, and that includes leaving papers on your car which don't harm your car in any way. You ARE allowed to forbid them from touching your car, but then it is YOUR responsibility to inform them.

Now that I think of it, it sounds an awful lot like how marketers can keep on calling me, unless I take the action of getting on the "Do Not Call" registry. Or how (as mentioned in that report) people can come and knock on my door, unless I take the action of putting up a "No Trespassing" sign.

[John DiFool]

Originally Posted by shiftless

If they put the thing on my car and it blews off, they would be littering. The simple act of lifting my wiper blade and sticking the flyer there doesn't make it my problem. If, instead of throwing it on the ground, I just turn on my wipers, am I still a litterer? What if I drive around until it flys off? One business created the situation and their name is right there on the flyers flapping around the parking lot.

I often don't see the bastard spawn in question until I am driving on the main road and it is flapping obnoxiously in my face.

[Lanzy]

I put them on the windshield next to mine.