Class Action Targets Doorstep Fliers

A Seattle lawyer who in 1992 legally prevented Pizza Time from leaving fliers at his house has turned his attention to The Seattle Times.

Albert Velarde of the Northgate area will be allowed to file a class action lawsuit seeking to prohibit The Times from leaving its publication, Cover Story, or any other fliers on doorsteps that have signs warning against delivery of promotional material, King County Superior Court Judge Jim Bates ruled Tuesday.

“I’m pleased the judge has recognized the right of homeowners to stand up against junk fliers and say, ‘No, I don’t want this delivered,”’ Velarde said.

Velarde said he believes fliers and brochures left near his doorstep lured burglars to his home six times.

Attorneys for The Times said the case is an infringement on the First Amendment.

“I don’t believe Cover Story is a flier - Cover Story has articles in it,” attorney Jessica Goldman said in court Tuesday. Once a week, the publication lands on the doorsteps of more than 330,000 Seattle-area homes that do not subscribe to either the Seattle Post-Intelligencer or The Times.

Bates said homeowners with signs requesting no fliers and those who have contacted The Times seeking to stop delivery of Cover Story could be included in the class action suit.

But Goldman said the class defined by the suit could include people who may want to receive the publication.”It’s an infringement on their First Amendment rights. Each of us has a right to say what we want and don’t want delivered to our home,” she said.

Goldman said delivery could be stopped with a phone call.