SPLC

Earlier this month, UF informed The Independent Florida Alligator that it will be be replacing 19 of the newspaper’s bold orange racks with large black modular racks owned by the university. In order to use the new modular racks, the Alligator will have to sign a licensing agreement and pay a fee to use the space.

While the newspaper will retain the majority of its approximately 70 privately-owned racks, it is concerned because the 19 racks targeted for change represent some of the most heavily-trafficked distribution sites on campus.

Alligator editor Clare Lennon said UF is converting the distribution sites in a series of stages, which is why the newspaper does not have to give up all of its racks at once.

The Alligator is “leaving all options open,” said Thomas Julin, the newspaper’s attorney, and has not ruled out the possibility of filing a lawsuit against UF.

The debate over the racks began in December 2009, when the UF Board of Trustees passed a new rule prohibiting distribution of publications on campus unless approved by the school’s vice president for business affairs.

Around the same time, the university began discussing a plan to purchase modular news racks that would hold multiple publications, both student and professional. Those racks were purchased in fall 2010.

Last year, the Alligator agreed to a test run with some of the new modular racks, arguing that a full-scale switch at the same time could harm readership. The test was conducted this past spring, when the newspaper removed five of its own racks in place of the university-owned modular racks. In the process, it collected data on distribution totals at the five sites and passed along those numbers to a university economics professor for review.

However, UF informed the newspaper July 3 — before the results of the test run were completed — that it would be replacing the 19 racks by Aug. 15.

University spokesman Steve Orlando said the decision was made due to safety and aesthetic concerns.

“Every time we have a tropical storm or hurricane, we have to get the racks off campus,” he said. “The worry was that this was a safety issue ... where those racks could become dangerous projectiles in a storm. The modular racks solve that problem.”

In addition, Orlando said the current racks “didn’t blend in with the historic look of the campus,” and that the change would help solve the disparity.

Whereas the orange distribution sites are privately owned and paid for by the newspaper, the staff will be required to pay the university $100 per year to rent out a full space in each new rack. In order to help offset this cost, Orlando said UF has offered to give the Alligator a $300 credit for each of the racks it trades in.

The newspaper, however, is not convinced.

“When you don’t own the means to your distribution, there’s always a concern that the owner could shut the newspaper down,” Julin said.

Julin, a former Alligator staff member, explained that the newspaper became financially independent from the university in the 1970s after realizing that it would be a beneficial arrangement for both parties.

“Now, you have the university coming back into the picture and saying ‘we don’t want wholesale ownership of the newspaper, but we want to control its distribution,’” he said. “To me, that’s a dangerous backsliding.”

The staff wrote an editorial Thursday reiterating its First Amendment concerns.

“The uncertainty of this new arrangement will create a chilling effect, hampering our ability to provide students with the most accurate and unbiased coverage,” the editorial read. “Students might also receive less important news and information in the future.”

Orlando dismissed the students’ concerns, saying the university has no interest in censoring the newspaper’s content.

“Any suggestion that the administration would use its authority to prevent a negative story from circulating is out of the question,” he said. “No place is in favor of free speech like a college campus.”

Lennon expressed disappointment over the timing of UF’s decision. She said it made little sense to finalize a plan before the results of the test run with the modular racks were completed.

Lennon is helping to circulate a Change.org petition that asks UF students and community members to voice their support for the retention of the current orange racks. As of press time, the petition had more than 1,200 signatures.

“We’re trying to rally support for the argument that charging us for distribution is an unfair tax on our free speech,” she said. “This change makes us uncomfortable, because we care about free speech more than anything we do.”

Lennon also disagreed with Orlando’s safety concerns.

“With the exception of a car running into one of the racks, I’m not sure that any amount of wind could push them over,” she said. “They’re pretty heavy duty.”

Lennon is also trying to schedule a meeting with UF President Bernie Machen to discuss the situation, but has so far been unsuccessful.

Julin called the legal issues involved “complicated.” While it is constitutional for a governmental entity to impose reasonable time, place and manner restrictions on the distribution of printed materials, he questions whether the university’s concerns are reasonable in this case.

If the Alligator were to do nothing by the Aug. 15 deadline, Julin said he has been informed that the university would physically remove the 19 racks from campus without providing any compensation.

Alligator General Manager Patricia Carey said the goal right now is to spread awareness of the dispute, adding that the staff is “very open” to engaging the university in discussions about a solution.

Lennon agreed.

“I don’t think the administration realizes how much having an independent Alligator means to the community,” she said. “Nor having that would be a huge loss.”

By Seth Zweifler, SPLC staff writer