COUNCILMAN CALLS FOR BAN ON HANDBILLS\Burbank residents applaud idea.

Byline: Lee Condon Daily News Staff Writer

Tired of pulling handbills off his doorknob and picking them up off his porch, Burbank City Councilman Bob Kramer is pushing for a law outlawing the distribution of most handbills in the city.

Kramer's call for a ban has struck a nerve with Burbank folk, with the city receiving dozens of calls in support of the idea.

"People are tired of picking up the trash," said Kramer. "I want to ban them."

But according to the City Attorney's Office, the anti-handbill forces may face a bit of a stumbling block: namely, the First Amendment's protection of free speech.

"An outright ban on door knob handbills would be problematic. The courts have said that the distribution of handbills or solicitation is First Amendment speech," said City Attorney Joe Fletcher. "Door-to-door solicitors have a right to meet the public."

Fletcher said he has not yet rendered a formal opinion on the issue but added there may be a way to address the problem without violating solicitors' free speech rights.

The city of Beverly Hills, for instance, has developed a list of residents who do not wish to have handbills left at their homes. All solicitors coming into Beverly Hills are required to get a copy of the refusal list, Fletcher.

Kramer, who is expected to present the idea to the City Council at Tuesday's meeting, said he would exempt only newspapers and political and religious fliers.

Burbank resident George Gleason, 67, said he supports Kramer's idea because he is tired of an seemingly endless stream of fliers for pizza joints, gardeners, chimney sweeps and real estate agents landing on his doorstep.

"In a lot of cases they'll just drop it on the front porch or put it under your windshield," Gleason said.

Gleason said people with handbills come up on his porch even though he has placed a mat there with the message "no solicitors."

City Councilman Bill Wiggins said that he has received several phone calls from people who support Kramer's proposal.

"Bob struck a nerve," Wiggins said.

Neighbors have also approached Wiggins and his wife, telling them how much they hate handbills.

"They get stuck on your screen door. They get stuck in the side of our two gates, they blow into the front yard and the side yard," Wiggins said. "Do they hang them on the door knobs? No way."

Wiggins said he is interested in banning handbills, but will have to hear from the city attorney at Tuesday's meeting before deciding to support the idea.

"We don't want to stifle anyone's First Amendment (rights)," Wiggins said.

Although Kramer and Wiggins like the idea, City Councilman Ted McConkey said the First Amendment will prevent the city from making any major changes to its current solicitation ordinance.

"It's not going to fly," McConkey said. "There's too many free speech arguments."

The city already has a law requiring solicitors to affix the fliers in such a manner that they do not blow away, and McConkey doubts the city can put any more restrictions into the law.

"I honestly don't think its a major problem," McConkey said.