Payphone Ass'n v. City of Cleveland

Michael J. Corrigan, Presiding Judge.

The city of Cleveland believes that the presence of outdoor payphones has facilitated the commission of a number of crimes, including drug transactions and prostitution. So it enacted legislation that comprehensively regulates the placement of outdoor payphones within its borders by requiring a telephone company to obtain a franchise before placing a payphone on a public right of way, and requiring permits for payphones installed on private property. The ordinance also imposes substantial limitations on the use and placement of payphones. The Payphone…