[ back ]
Burton resident's sign is exercise in free speech
(by Joseph Koziol Jr. - July 29, 2009)
Burton resident's sign is exercise in free speech
By JOSEPH KOZIOL JR.
The Geauga County Prosecutor's Office issued a word of caution to Burton Township Trustees on attempting to regulate a political sign that states a resident's opposition to a county road project.
"Basically, they are permitted for 30 days prior to an event (i.e. election) and shall be removed by 14 days after an event," Assistant County Prosecutor Sheila Salem wrote, profiling the township's regulation on political signs.
But Ms. Salem said the situation could prove to be a "sticky situation."
In this case, one resident opposing a widening of Georgia Road expressed dissatisfaction over the county's plans with a sign stating, "Wanted Competent County Engineer."
"Here, the road renovation is ongoing, so it's kind of a sticky situation," Ms. Salem said. "I think you could request after 30 days that they move or replace the sign, but no more than that. These type of signs are highly protected by the courts because of the interest of protecting individuals' right to free speech."
The issue had been debated by Township Trustees. Trustee Louis Mucci said the board has no authority to regulate free-speech signs. Trustees Daniel Whiting and James Dvorak said they wanted clarification on the matter.
Mr. Whiting said he was not trying to impede a person's right to free speech but was seeking clarification on the matter. He said earlier that he believed allowing the Georgia Road sign could invite a proliferation of similar signs throughout the township.
He said he is very sympathetic to the plight of residents who face the road-widening project but wants to ensure that the township is acting properly.
Mr. Whiting said he would ask the township's zoning commission to look at the issue and determine whether a rewriting of the code is needed.
Mr. Mucci said he takes the prosecutor's response as clarifying what the township's zoning code states on political signs. However, he said, the final part of the memo seems to indicate that his position was correct in that the township's zoning code is unenforceable in this instance.
Mr. Mucci said it doesn't matter whether township officials agree or disagree with political messages that residents post on their property. The issue of free speech trumps any rules the township has, he said.
Gary Daniels, of the American Civil Liberties Union of Ohio, said most issues his office deals with revolve around elections. Those issues deal with how soon signs can go up or need to be taken down, he said, as well as their size, placement and numbers.
While case law is scant in this area, Mr. Daniels said, courts have generally ruled that time restrictions are unconstitutional. An Ohio Supreme Court case ruled that Painesville's restriction of 17 days for displaying a political sign was insufficient. He said courts do not specifically state what time period is appropriate, only that some time periods are unconstitutional, he said.
Cases such as the one in Burton can lead officials to apply campaign sign rules, Mr. Daniels said, but they often involve "very fundamental free-speech issues" that extend beyond campaign signs.
He said the ACLU would be willing to speak with residents on Georgia Road about their rights. He said the ACLU does not rush into courtrooms with such issues but generally can resolve them by writing to officials.
Mr. Mucci said, while some residents may be unhappy with the county engineer's performance, most do not seem to be. He said Geauga County Engineer Robert L. Phillips has been continuously re-elected to the post. A survey conducted by the Berkshire community planning association showed 75 percent of respondents were happy with the way roads are maintained.
Personally, Mr. Mucci said, he believes the project could be handled differently to keep it more of a back-country road. He said ditches could be enclosed to reduce the amount of widening to be done.
The project will turn a country road into a "freeway bypass" for truck traffic from Middlefield, Mr. Mucci said. "It will encourage semi-trucks, and I think that's not a good thing."
He said he is willing to work with residents to help stop the project as now planned but acknowledged that it won't be an easy fight. "We hold very few cards, and those cards are not very strong," he said.
[ back ]
