As the new Verizon Wireless Arena in Manchester prepares to host its first hockey game tonight, a local weekly newspaper complains it?s being shut out. The Hippo Press took the arena to court yesterday, saying a contract allowing only the Union Leader of Manchester to distribute papers there is unconstitutional. NHPR's Trish Anderton reports.
HIPPO PRESS ASKED A JUDGE YESTERDAY FOR A TEMPORARY RESTRAINING ORDER ALLOWING IT TO DISTRIBUTE ITS FREE PAPER INSIDE THE ARENA LAST NIGHT AND TONIGHT. HIPPOPRESS HAD BEEN TOLD IT COULDN?T GIVE OUT PAPERS THERE, BECAUSE OF THE ARENA?S EXCLUSIVE CONTRACT WITH THE UNION LEADER. HIPPO PRESS?S LAWYER, ED BOOTIN, ARGUES THE BUILDING IS A PUBLIC FORUM THAT SHOULDN?T BE ALLOWED TO SHUT THE PAPER OUT.
002 15 its owned by the public, it was built with public funds, and it is intended to provide entertainmt venue for greater manchester community.
HIPPO PRESS BEGAN PRINTING EARLIER THIS YEAR AND IS STILL STRUGGLING TO ESTABLISH ITSELF IN ITS HOME CITY. BOOTIN SAYS GETTING INTO THE ARENA IS NO SMALL MATTER FOR THE WEEKLY PAPER.
001 132 hippo in particular is highly focused on the greater manchester entertainment scene, so to them its an extremely valuable forum. // That?s designed to be the entertainment center for the whole downtown.
THE CITY DOES OWN THE ARENA AND PAID THE LION?S SHARE OF ITS CONSTRUCTION COSTS. BUT THE FACILITY?S LAWYER, ALEX WALKER, SAYS THAT DOESN?T MEAN THE ARENA HAS TO THROW OPEN ITS DOORS TO EVERYONE.
009 52 your traditional public forum is the sidewalks and public parks and in those cases municipalities can't abridge people's first amendment rights without a very good reason. But this is not a public forum.
FURTHERMORE, WALKER ARGUES, IN THIS CASE THE CITY IS BEHAVING MORE LIKE A BUSINESS THAN A GOVERNMENT.
09 05 when the city is acting essentially in a for profit endeavor such as a civic center, folks like hippo press in this case are not entitled to same level of constitutional protection.
SUPERIOR COURT JUSTICE ARTHUR BRENNAN YESTERDAY AGREED WITH WALKER, WRITING THAT THE CONTRACT WITH THE UNION LEADER REPRESENTED QUOTE A REASONABLE ATTEMPT TO INCREASE THE PROFITABILITY OF THE ARENA. HIPPO PRESS LAWYER ED BOOTIN SAYS THE PAPER WILL PROBABLY TRY ITS LUCK AGAIN TODAY WITH AN EMERGENCY APPEAL TO THE STATE SUPREME COURT. FOR NHPR NEWS I?M
