A major source of income for newspapers is legal notices that make the community at large aware of court regulated actions. An example of this is when a business opens under a “fictitious” name or a city is about to enact a new ordinance. The public is notified through a notice in a “Newspaper of General Circulation.” This designation is gained through a court process (adjudication) certifying the newspaper as one that is able to circulate information so it is reasonable to assume that the public is informed. These notices, required by law, are a major source of income for many newspapers and therefore, jealously guarded.

Tri-City Voice was awarded such adjudication but subsequently denied through a legal challenge by Bay Area News Group (which includes Oakland Tribune, Hayward Review, The Argus, Milpitas Post, Fremont Bulletin, San Jose Mercury and many other Bay Area newspapers). Archaic laws and the business model of Tri-City Voice have been a point of contention, but now Tri-City Voice is fully qualified for such adjudication in the City of Fremont even under these outdated statutes.

A series of questionable rulings by the courts has blocked adjudication for Tri-City Voice in Fremont. Courtrooms without public witnesses are a recipe for interesting developments in which arguments, comments and judicial actions are hidden from public view. This has happened repeatedly when Tri-City Voice has made its simple request for acknowledgement as a Newspaper of General Circulation. In every instance, BANG has challenged in order to maintain its monopoly. Since the public has been absent from prior courtroom performances and therefore uninformed of this process, an astounding amount of time, energy and money has been spent on this simple request.

The real reason for all of this is corporate greed, maintenance of a monopoly and an attempt to deprive Tri-City Voice of vital income, hopefully driving it out of business. In response, we are informing people of an upcoming court appearance scheduled for Superior Court in Hayward (Dept. 516) on November 18 at 2:30 p.m. Judge Brenda Harbin-Forte ruled that Tri-City Voice cannot move forward to present evidence of its qualification for status as a Newspaper of General Circulation, referring to a previous decision by Judge Hernandez. This court appearance is to ask for a reassessment of this decision.

Tri-City Voice vigorously disagrees with the conduct and arguments of BANG’s attorney Duffy Carolan of Davis Wright Tremain, LLP (San Francisco) and the  prior ruling of Judge Harbin-Forte. We have filed another motion for trial and feel there should be public presence in the courtroom to bear witness. It is imperative that those who attend, simply watch the proceedings and maintain a neutral manner since judges have ultimate power and can use any emotional display to derail Tri-City Voice efforts. This is simply an opportunity for the public to see a courtroom in action and understand some of the processes that have been used to block our efforts. Also, it helps to have a few friends in the courtroom for moral support.

Qualifications to become a “Newspaper of General Circulation” are quite simple. A portion of the California Government Code that outlines one method of “adjudication” is Section 6000. Tri-City Voice easily meets all of these requirements. The code states:

A "newspaper of general circulation" is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, which has a bona fide subscription list of paying subscribers, and has been established, printed and published at regular intervals in the State, county, or city where publication, notice by publication, or official advertising is to be given or made for at least one year preceding the date of the publication, notice or advertisement.

Listed in order, the following are the requirements…

1) Distribute news of general interest…TCV qualifies

2) Have a valid paid subscription list…TCV qualifies

3) Printed and published in the City of Fremont for at least one year…TCV qualifies

That’s it! Those are the requirements under Section 6000 to become a Newspaper of General Circulation.

We don't need to change the law... we qualify.