Here’s Your Sign

By Jim Ramsay

Not long ago, the Winchester Sun published an article by Mike Wynn:

http://www.winchestersun.com/stories/2010/03/08/loc.080661.sto

The article says, “under local code in Winchester and Clark County, political signs are forbidden until 30 days prior to an election and must be removed within five days after an election.” This article, along with hearing privately from folks who have been asked to remove signs from their own property by government officials, is disturbing.

As I drove through town tonight, I saw large lighted signs in front of businesses, schools, and churches advertising themselves or their perspective. I saw real estate signs in private yards. Apartment complexes proudly displayed their names. I saw U.S. flags at one house and a confederate battle flag in front of another on a flag pole. I saw 3’ high letters on the sides of trucks advertising their company. There were for rent signs in the yards of condos. I saw a mural on a wall. Not long ago, there was a massive billboard advertising a business that offended many residents, yet it remained. From what I saw, there were many forms of communication allowed.

I once thought it was political speech that was being assailed, but this is more narrow then that. This seems to be an assault on would be political candidates. For incumbents, there is usually better name recognition then most challengers. Therefore, this type of ordinance would seem to serve as a protection for incumbents. Moreover, the article states, “residents can report a violation by contacting the Office of Planning and Community Development at 744-7019.” Even though police are driving those same streets that we all drive, it would appear that this is enforced based on complaint. Which suggests it is selectively enforced.

My opinions on this are simple conversation; however, the courts have issued more weighty opinions. According to the following article, "In 1994, the U.S. Supreme Court struck down a Missouri city law prohibiting signs at private residences…In Curry v. Prince George’s County (1999), a federal district court in Maryland invalidated a sign ordinance that limited the posting of political campaign signs in private residences to 45 days before and up to 10 days after an election…In Arlington County Republican Committee v. Arlington County (1993), a three-judge panel of the 4th U.S. Circuit Court of Appeals invalidated a county law that imposed a two-sign limit on temporary signs for each residence.”

http://www.firstamendmentcenter.org/speech/personal/topic.aspx?topic=yard_signs

This article goes on to site case after case where ordinances such as these in Kentucky have been struck down. Considering that such rules have been struck down as unconstitutional for the last 16 years, it is surprising that so many local jurisdictions have continued to violate the law. Perhaps it is their intent to subsidize their courts and legal staff defending lawsuits:

http://www.aclu.org/free-speech/aclu-nj-secures-right-display-political-lawn-signs

These regulations are not limited to one county. I have heard of them in Clark, Fayette, Harrison, and Madison, but I have little doubt that a jurisdiction near you has a similar ordinance. I read our local ordinance that contains almost point by point those ordinances previously struck down by the courts. For my part, I will be sending this information to my county judge executive who signed the ordinance and will report back the results. If you experience similar ordinances please use these links to discuss it with your local jurisdictions. Perhaps local newspapers would be interested as well. Whatever the outcome, please let me know.