The newspaper industry that existed when public notice laws were originally enacted is a thing of the past. There are fewer newspapers and they have less circulation. The papers are physically smaller and sometimes they’re designed, edited and/or printed at great geographical distances from the local markets in which they circulate. They’re also published electronically with a reach and immediacy that were unprecedented in the pre-internet era.
These changes have made it increasingly difficult for newspapers and government agencies to discharge their responsibilities under public notice laws enacted many decades ago. As a result, state press associations otherwise reluctant to meddle with public notice statutes now may find it necessary to advocate for changes to ensure the laws that determine which papers qualify to publish notices remain relevant.
The danger of suspending publication during the COVID-19 crisis
The town of Glastonbury, Connecticut announced last week it would begin publishing public notices on its website in lieu of the newspaper notice normally required by law, according to Manchester’s Journal Inquirer. In its statement, Glastonbury cited an emergency order issued on March 21 by Connecticut Gov. Ned Lamont (D) that “suspended and modified” the state’s public notice laws to allow notices “to be published electronically on a municipality’s or agency’s website”.