The City of Ottawa has quietly created a new policy that prevents the local gay and lesbian community newspaper from being removed from city buildings despite a complaint about suggestive ads inside.

Gareth Kirkby, managing editor and associate publisher of the Capital Xtra, told CBC News on Tuesday that the city did not announce the new policy, but he learned of it through a report sent to the paper's lawyer from the city's legal department.

'We don't review the content of these particular community newspapers, nor do we have the authority to do so.'— Adam Burry, director of Ottawa Parks and Recreation

The report said the paper comes nowhere close to the legal definition of obscene and any attempt to restrict the paper's distribution would likely be unsuccessful.

The city's parks and recreation director, Adam Burry, said the city would not be policing the content of community newspapers in buildings such as recreation centres.

"We don't review the content of these particular community newspapers, nor do we have the authority to do so," Burry said Tuesday.

Kirkby said he was happy the city came around weeks after his paper was temporarily removed from a recreation centre in response to a parent's complaint.

"This should never have been an issue," Kirby said. "And it should not have dragged on for seven weeks. It's absolutely absurd."

Kirkby argued earlier that the availability of the paper was protected by the right to freedom of expression.

The Capital Xtra was temporarily removed from a recreation centre in February after a man complained about the suggestive advertising inside.
(CBC)

In February, a man complained to a city councillor that the paper was not appropriate for a community centre.

He had picked up the paper while his eight-year-old son was practising basketball, and said he was disturbed by ads that featured scantily clad men in suggestive poses with sexual words in the background.

His complaint prompted the city's legal review.

Previously, the city had no policy about the distribution of community newspapers in city buildings.