In a statement provided to Blueweeds Tuesday afternoon, the owner-editor of the Falls Church News-Press confirmed his paper has retained legal counsel to determine whether or not the FCT blog has improperly interfered with its agreement with the City of Falls Church to re-publish the weekly FOCUS advertising section.
The City produces the FOCUS - a comprehensive weekly listing of legal notices, events, and meetings scheduled to take place in the community. The FCNP has published the FOCUS for the City since 2002. Publisher rights were awarded by the City after a competitive bid process. The FCNP publishes the the FOCUS under an agreement with the City for an estimated fee of $57,000 per year; which represents a substantial fee discount from published FCNP advertising rates.
According to sources, staff bloggers at FCT recently approached city officials and asked for the FOCUS data. Officials indicated the community data was publicly available in different places on its web site, but the FCT asked for the FOCUS information in a set format for republishing without having to gather and aggregate the information from different places. The FCT has said it intends to republish the material for free on its community blog. City officials have not provided the information in an advertisement format, pending a review of its agreement with the FCNP by the city attorney.
In a November 2, 2009 post by FCT blog staffer George Southern, the FCT questioned the motives of city officials for not providing the material in the format requested:
"... Is it because the Falls Church Times is not “professional” that both the City Schools and City Government have yet to agree to our repeated offers to publish, free of charge, the information for which the City currently pays $50,000-$100,000 annually to have printed in the local “professional” newspaper? I’m referring to the double-page spread called “City Focus” and “Schools Focus.” Most people don’t realize that’s an advertisement paid for by the City. After offering for months, and finally becoming VERY insistent that this City information should not be proprietary, I’ve been accused of being “rude.” Meanwhile, the question rests with City Attorney John Foster, who has to determine whether the City can legally allow the Falls Church Times to publish for free the same information it pays the News-Press to feature. ..."
The Southern post (comments and format material redacted) can be found here: Download FCT_GS110209.
The FCT was started less than a year ago. FCT refers to itself as an "online newspaper" run by journalists. It has no employees, and is staffed by a group of unpaid community activists, many of whom were actively involved in the 2008 city election of Nader Baroukh - a candidate endorsed by Council Member David Snyder. The FCT has covered a number of community events since its inception. In a post published earlier this week, Blueweeds disclosed David Snyder helped found the FCT blog, in part, to counter the progressive message of the FCNP. Snyder had not previously publicly disclosed his connection to the FCT. The FCT is viewed by many as a conservative blog, not because of partisan political leanings, but because of its consistent editorial opposition to mixed use development, affordable workforce housing, senior housing, spending, taxes, and initiatives by city staff. The FCNP, which has been lauded as a bastion of liberal journalism, has been the community newspaper of record for Falls Church for more than twenty years. The FCNP is one of the largest employers in the city, and has won numerous business awards in the region.
It is not clear what, if any, recourse the FCNP may have against the FCT blog and/or the City. Actions involving newspaper advertising revenue typically focus on allegations of intentional interference with an existing contractual relationship or unfair competition by price fixing - including deluding the market price of a good. The FCNP is a successful business, with employees, whose revenue is solely from advertising.
In its statement to Blueweeds, Nick Benton, the owner-editor of the FCNP, stated:
"... my attorney is looking into the matter. The value of the City's placing the Focus pages in the News-Press, at a contractually established considerable discount every week since July 2002, is that we deliver to every one of the approximately 4,500 households in the City of FC every week, and in the event a home delivery is inadvertently missed, there are more than 2,000 copies of the paper also available at dozens of spots around town where residents can pick up copies That goes for what we do just inside the City. Considerably more than 20,000 copies are distributed in and around the City every week, including to many nearby non-residents are also interested and eager to participate in what goes on inside the City. The Focus pages also appear as PDFs on our very well-trafficked web site. ..."
Blueweeds has received hundreds of requests for advertising since it was founded nearly four years ago. It has been, and will remain, the policy of Blueweeds to not accept paid advertising, in part, because doing so would compete with publishing businesses for limited advertising dollars, and because it believes accepting such advertising will deleteriously impact real local businesses which are dependent on advertising for revenue. Blueweeds does not re-publish paid advertisements for free for similar reasons.
UPDATE: City officials make the FOCUS publically available in a PDF format on its web site here. The City editorial guidelines for republishing its publications are here. It is not known whether or not the FCT blog has sought permission to republish the FOCUS consistent with those guidelines, and if not, why not.
Note: In the same post by Southern, the FCT makes reference to myself and this blog, which the FCT consistently refers to as "the mayor's husbands blog," intimating that I have engaged in a conspiracy with the city staff to deny the FCT blog access to public information:
"... Another spouse – this one belonging to the Mayor – has called us “faux serious journalists.” Last week he called us “a conservative blog,” which may or may not be a badge of honor, depending on your point of view, but he also accused us of packing the CBC meeting and refusing to identify ourselves (completely false).
Why should I care what one or two people say? Well, if one of those people is the Mayor’s spouse, I do care. Frankly, we’re having something of a struggle getting access to information from the City, and when the Mayor’s husband takes pot shots at us, I just think it colors the whole spectrum of our relationship with the City administration. ..."
Blueweeds supports a diverse, even raucous, online community, but strongly denies FCT's serious, inaccurate, unfair, unfounded, and imprudent allegations of misconduct. Unsupported allegations of criminal misbehavior are obviously inconsistent with fair editorial policies and should not be tolerated in any public forum. The FCT seems to have a role to play in our community, giving voice to people and issues not covered elsewhere, but it must do so within the bounds of what is permitted. Our community would be well served if the FCT evaluated its standards, corrected those which are flawed, and publicly communicated its go-forward editorial policies.
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