Each year, the Lucas County Auditor’s Office is required by law to publish a list of delinquent land tax notices in a local publication.
During a special meeting Nov. 19, the Lucas County Commissioners voted to award this year’s contract to Toledo Free Press.
“We are pleased to print and distribute this list for the second year,” Toledo Free Press President and Publisher Tom Pounds said. “We are proud that the county chose us for this task and are confident we will do a great job as we did last year.”
The list will be published on Nov. 30 and Dec. 7, and will also be available online at toledofreepress.com, in our free digital edition and online at publicnoticesohio.com, as required by state law.
However, The Blade, which also submitted a bid for the contract, has indicated it plans to sue Lucas County over the decision, claiming Toledo Free Press does not qualify as a “newspaper of general circulation” eligible to publish legal notices as set forth in the Ohio Revised Code.
In a statement provided to WTOL, Blade President and General Manager Joe Zerbey said:
“The Blade is disappointed that the Lucas County Auditor, Anita Lopez, recommended that the county’s delinquent tax list be published in the Toledo Free Press.
“Several weeks ago, sales managers from The Blade presented a marketing outline of the overwhelming advantages The Blade offers in paid circulation penetration of required zip codes in Lucas County compared to the free, largely unread Toledo Free Press. All three commissioners and most of the elected office holders, including Auditor Lopez, were present. The presentation showed The Blade has overpowering demographic dominance that best serves the citizens of Lucas County in reading the business of their government and in receiving legal notices that impact them.
“We believe that the Toledo Free Press is not a qualified paper of general circulation for the purposes of publishing this legal advertisement and intend to vigorously pursue the issue legally. The citizens of Lucas County deserve better treatment from their county auditor.”
Earlier this month, Lopez reviewed bids from The Blade and Toledo Free Press and recommended Toledo Free Press’ bid as the “lowest and best.” The final decision was made by the County Commissioners.
Toledo Free Press bid $163,455 to publish the list in its Sunday paper. The Blade bid $377,137 for a weekday publication, or $397,223 to run the first of two lists on a Sunday. Both papers would distribute the list to all affected zip codes, but Toledo Free Press has higher circulation numbers, as verified by independent audit.
Pounds said Toledo Free Press meets all qualifications under the law, which was amended in 2011 to eliminate the link between charging for newspapers and being permitted to publish legal notices. The change opened the legal publication business to any “newspaper of general circulation” that publishes at least once a week and meets other criteria.
In 2012, Lopez sought an opinion on this matter from the Lucas County Prosecutor’s Office, which ruled, “[Toledo] Free Press would now qualify as a paper of general circulation.”
Toledo Free Press published the county’s delinquent land tax notices list last year at a cost of $168,025, the first time a free weekly newspaper has published Lucas County’s list. According to county records, delinquent land taxes owed in Lucas County were reduced by $10.7 million between January and March.
Between 2009-12, the notices were published by The Blade at an average cost of $321,000. An average of $6.8 million in taxes was collected each year between January and March following the publication of the notices.
Toledo Free Press has also published legal notices for a number of other organizations and municipalities, including the Village of Ottawa Hills, City of Toledo, City of Sylvania, Monclova Township, Lucas County Metropolitan Housing Authority, Toledo Public Schools, Metroparks of Toledo Area and Washtenaw County.
