Why Yellow Pages industry members are suing the city of Seattle

SEATTLE'S law governing Yellow Pages distribution, and Local Search Association's legal effort contesting it, has created new buzz about phone books and their value.

Last week, a judge upheld Seattle's opt-out registry law and we immediately announced an appeal. Unfortunately, many interpreted our case as a protest against opt-out, but nothing could be further from the case.

We have always said it makes no sense to deliver a book to someone who doesn't want one. Doing so frustrates consumers and increases our costs. Our members have long respected customer delivery requests. This year, we launched www.yellowpagesoptout.com, a nationwide clearinghouse that makes it simple to stop delivery. All costs are paid by Yellow Pages publishers.

Given this, Seattle's website, funded by a discriminatory tax, is duplicative and confuses residents who may not know which site to use or feel they need to use both. Imagine if every U.S. city created its own directory website — the logistics become a nightmare and the consumer suffers. It would be like requiring consumers to use a different Internet address for Amazon.com depending on their cities.

Another misperception fueling this ordinance is that no one uses phone books. Burke researchers say seven out of 10 adults use print Yellow Pages, and eight out of 10 users plan to make a purchase. Tell a lawyer, a locksmith or mechanic that no one uses Yellow Pages — you'll get an earful. Certainly, we use Internet, mobile and social networks too, but Yellow Pages remain a mainstay in people's homes and are widely used for business, community and emergency information.

Yellow Pages publishers also keep people employed — from sales, to designers, to printers, to delivery. Niche publications play a special role by publishing in Spanish or Chinese, or helping specific audiences, like the LGBT community, connect with friendly businesses. In Seattle, the Spanish-language Yellow Pages shut down after concerns about operating in the market and SuperMedia eliminated its Greater Seattle directory as well. Those are real jobs lost.

City officials ignore these concerns by saying the legislation saves trees and lowers costs by reducing waste. Their claims aren't fact-based. The Environmental Protection Agency says phone books make up less than one-half of 1 percent of the solid-waste stream — too tiny for any material financial impact. And directories are produced with recycled paper and leftover wood chips from the lumber industry, meaning it's not necessary to cut new trees.

Perhaps most important, we believe that Seattle's law, which today applies only to Yellow Pages, sets a dangerous precedent. The First Amendment prohibits government from deciding the value of publications, favoring some publications over others.

If this law stands, any media with advertising could be the next target of the Seattle City Council. Perhaps the city will license and tax your favorite newspaper or ban it from store newsstands or home delivery. After all, newspapers contribute far more to the waste stream than Yellow Pages. Maybe the city will limit the content of certain websites to reduce energy consumption of computers and cellphones. While this might sound far-fetched, it isn't a stretch if you study the city's arguments.

For these reasons, we continue our case. While we do not want to be in the business of suing city governments, we believe Seattle's law has unfairly singled us out in such a discriminatory way — and is based on inaccurate perceptions — that we have no choice. Even as we move forward, we remain committed to consumer choice and encourage anyone who doesn't want directories to let us know at www.yellowpagesoptout.com.