Official Statement from the Raleigh-Durham Airport Authority Regarding Recent Litigation

Following discussion at its regular board meeting today, the Raleigh-Durham Airport Authority board announced that it does not intend to pursue further appeal in the litigation in which it has been involved for the past several years with four newspapers over placement of newsracks in the airport terminals. This follows action by the U.S. Circuit Court of Appeals for the Fourth District earlier this week refusing to review the recent ruling by a three-judge panel of the court that the Authority's total ban on newsracks in the terminals is contrary to the First Amendment of the Constitution.

Drawing on the Court's action as stated, the Authority further announced that it will provide and install newsracks itself so as to make them as compatible with the décor of the buildings as possible, will make rental charges for the newsracks and the space they occupy, and will not allow advertising to be placed on the exterior of the newsracks.

As the action of the Court focused on air travelers on early morning departing and late evening arriving flights not having access to newspapers before and after the airport's ten (10) newsstands are open, the Authority expects to identify one location in the ticketing area and one in the baggage claim area of each terminal in which a newsrack cluster will be located, making them easily accessed by both arriving and departing passengers. No newsracks will be located within the secure corridors of the terminals, which is where all but two of the newsstands are located.

Authority Chairman Robb Teer said, “It is regrettable that the Authority had to be involved in litigating this matter in the first place, but the insistence of the newspapers on being allowed to place newsracks anywhere on the airport and in whatever numbers they wished left us no choice. Although certainly at considerable expense to the Authority, the action of the Court leaves no doubt that the Authority is fully empowered to regulate newsrack placement and number on the airport, but not to exclude newsracks altogether. The Court has spoken, and we will respect that action and move forward in continuing to provide excellence in customer service and well-functioning airport facilities.”

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