A bill before the Connecticut General Assembly, along with a recent Appellate Court decision, may change the requirement for towns to publish legal notices in newspapers. Connecticut state law mandates that government agencies publish notifications of certain policy changes and meetings in a local newspaper with “substantial” circulation in the town. However, a recent lawsuit filed by Fenwick residents against the town’s zoning board argued that the town had not provided sufficient notification because the Middletown Press, where the town had traditionally published its legal notices, had no subscribers in Fenwick.
The Connecticut appeals court upheld the lower court’s decision, stating that publishing in a newspaper without subscribers in the affected town was not sufficient notification. The court recognized that the widespread availability of access to the Internet may justify municipalities publishing legal notices on their websites, but stated that it was up to the legislature to make that decision. A bill has been proposed that would allow towns to publish legal notices on town websites, but this has faced opposition from some in the newspaper industry who raise concerns about transparency and public access to information.
Many small towns across the country have experienced a decline in local news coverage as the industry has faced layoffs, buyouts, and cuts to resources for newsrooms. This has complicated the process for small towns and boroughs trying to provide legal notice. In the case of Fenwick, the town has opted to print notices in a free weekly publication since the ruling, but officials are concerned about the best way to move forward.
Towns officials do not typically know how many of their constituents subscribe to certain newspapers, and most residents either visit the town website or see the physical notice. There is a need for an updated, modern-day notice that allows for wider interpretation, whether on municipal websites or in newspapers that traditionally circulate among the region.