ACLU Seeks Repeal of Botetourt County Ordinance Placing Time Limits on Campaign Signs (3/20/2008)
Supervisors
must suspend ordinance or face litigation from civil liberties
groupFOR IMMEDIATE RELEASE CONTACT: media@aclu.org Botetourt
County, VA -- The ACLU of Virginia
today urged Botetourt County government officials to immediately
suspend -- then repeal -- an ordinance that prohibits residents from having
campaign signs in their yards more than 60 days in advance of an election or
more than 15 days afterwards. The
ACLU is prepared to go to court to have the ordinance declared
unconstitutional.
"Campaign signs in front yards are as
much a part of the American political landscape as newspaper editorials, stump
speeches and blogs," said ACLU of Virginia Executive Director Kent Willis. "The main purpose of the First Amendment
is to guarantee to all citizens the right to express their political views. A local government that prevents
homeowners from posting campaign signs in their own front yards whenever they
wish has severely eroded the free speech rights of its residents."
In the letter to the Botetourt
County Administrator and the Chair of the Board of Supervisors, ACLU of Virginia
Legal Director Rebecca K. Glenberg writes that the ordinance violates the free
speech clause of the First Amendment:
The U.S.
Supreme Court has recognized that a political lawn sign is a “venerable means of
communication that is both unique and important. . . . . Signs that react to a local happening or
express a view on a controversial issue both reflect and animate change in the
life of a community.” City of Ladue
v. Gilleo, 512 U.S. 43, 54 (1994). Moreover, “[r]esidential signs are an
unusually cheap and convenient form of communication. Especially for persons of
modest means or limited mobility, a yard or window sign may have no practical
substitute.” Id. at 57.
Similar ordinances in Farmville,
Norton, and Culpeper have come under ACLU scrutiny in recent years. In each of those jurisdictions,
government officials ultimately repealed the time restrictions on campaign
signs.
Glenberg’s letter is written on
behalf of Jim Fain, Chair of the Botetourt County Democratic Committee. In late February, Fain received notice
from the County
Administrator asking him to
assist the County in ensuring compliance with the sign ordinance.
The text of Glenberg’s letter
can be found on www.acluva.org
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