Jacobsen

Plaintiff-Appellant Harlan L. Jacobsen is the publisher of several singles magazines. Jacobsen wishes to distribute his magazines via coin-operated newsraeks at Arizona interstate highway rest stop areas. In refusing to authorize Jacobsen to sell his magazines at those locations, Defendant-Appellee Larry Bonine, director of the Arizona Department of Transportation (“ADOT”), explained to Ja-cobsen that he would not allow placement of Jacobsen’s newsraeks at state highway rest areas unless they were placed through Arizona’s Business Enterprises Program, Services for the Blind. This would require Ja-cobsen to pay a fee or percentage of sales into a fund used to provide services and facilities to the blind.

Jacobsen claims that the fee requirement violates his First Amendment rights. The district court disagreed with Jacobsen and granted summary judgment to Bonine. We agree with the district court and, therefore, affirm.

Coin-operated newsraeks are “vending machines”. The Surface Transportation Assistance Act delegates authority to the states to “permit the placement of vending machines in ... rest areas, constructed or located on rights-of-way of the Interstate system in such…