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ACLU Complains About $5 Fee For Political Signs In Yards (OH)

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OhioChick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 10:45 AM
Original message
ACLU Complains About $5 Fee For Political Signs In Yards (OH)
POSTED: 11:07 am EDT May 11, 2008

AKRON, Ohio -- The American Civil Liberties Union is criticizing two Akron suburbs for charging a $5 fee for each political sign that residents put in their yards.

Jeff Gamso is legal director of the ACLU in Ohio. He said charging people violates constitutional rights to free speech.

Officials from the village of Silver Lake and Bath Township said the $5 fee is actually a deposit that gets refunded when the signs are taken down, usually after elections.

Bath Township zoning inspector Bill Funk said the regulation has been in effect for at least 15 years.

Silver Lake law director Bob Heydorn said he can't recall a serious complaint about the policy in the 12 years he's been in office.

Gamso said the issue doesn't need to go to court. The ACLU hopes the communities will re-examine the policy and make changes.

http://www.newsnet5.com/politics/16230971/detail.html

Regardless if you get a refund or not, this is ridiculous.
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 10:49 AM
Response to Original message
1. So they're making people pay to say something *on their own property*....
...but it doesn't need to go to court.

Riiiiiight.

This is blatantly unconstitutional.
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Fox Mulder Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 10:50 AM
Response to Original message
2. It is ridiculous.
So people can't put political signs in their own yard without a $5 fee? That's fucked up.
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Kittycat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 10:59 AM
Response to Original message
3. Do they do that same thing for Christmas Lights?
Okay, seriously - WTF?
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thunderdog Donating Member (48 posts) Send PM | Profile | Ignore Sun May-11-08 11:02 AM
Response to Original message
4. I agree with this for the signs that put up along the roads,
but I would defy anyone who tried to make me pay to put a political sign on my own property.
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Cirque du So-What Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 11:13 AM
Response to Original message
5. If I lived in Akron
I'd plant signs and DEFY the city to issue a citation! This is the sort of BS that needs to be taken to court in order to establish precedent. The whole idea of 'neighborhood associations' just rubs me the wrong way altogether. I hope some civil-rights lawyer is paying attention and deems this worthy of taking on pro bono.
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Eric Condon Donating Member (761 posts) Send PM | Profile | Ignore Sun May-11-08 11:14 AM
Response to Original message
6. There are neighborhoods where people aren't allowed to put signs up at all.
It's sad, but true. My girlfriend's parents live in such a neighborhood. The homeowners association doesn't let them. It's weird, too, because I feel like I'm the only person who is adequately outraged by this. Most people are like "yeah, that's no big deal, a lot of neighborhoods are like that," and I just think, Seriously? I don't know, but it seems like the ACLU would be all over all of these neighborhoods.
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tbyg52 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 11:47 AM
Response to Reply #6
7. That's not legal - edited to say that I am wrong and outraged
Edited on Sun May-11-08 11:51 AM by tbyg52
Didn't read my own link far enough.
http://www.firstamendmentcenter.org/speech/personal/topic.aspx?topic=yard_signs

For example, a Pennsylvania state court ruled in Midlake on Big Boulder Lake, Condominium Association v. Cappuccio (1996) that a condominium association did not violate the First Amendment by removing political yard signs in accordance with a section of the association’s declaration of rules prohibiting the posting of signs at individual units. The court reasoned that there was no state action, because the association was a private party.


Somebody needs to fight this interpretation. You should be able to place a political sign on your own property, period.
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mitchtv Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 01:59 PM
Response to Reply #7
11. Our neighborhood forbids all sogns/shingles etc
We putyjrm out anyway, but only the last month , so when it;s time for complaints there is little time to do anything about it.
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tbyg52 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 03:26 PM
Response to Reply #11
12. Good for you!
I really think that interpretation I quoted above is messed up big time.
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-12-08 06:05 AM
Response to Reply #6
14. Trading freedom for security
Edited on Mon May-12-08 06:06 AM by formercia
the bush gang mantra. 'Good citizens' have nothing to fear. Yeah, right.

I am a 'Good German.' Seig Heil!
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Mike Daniels Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-12-08 08:31 AM
Response to Reply #6
16. Don't like HOA rules, find somewhere else to live
Sorry, I don't have sympathy for people who move into a neighborhood with a known HOA and then complain after the fact that they can't do certain things.


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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 11:51 AM
Response to Original message
8. One of my friends challenged the sign bans here with the help of the ACLU
and his city was forced to change its sign ordinance. His case went all the way to the state supreme court.

Here are the signs he put up to commemorate the 4000th death in Iraq:

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Quantess Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 12:04 PM
Response to Reply #8
9. Those are great signs!
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OhioChick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 03:28 PM
Response to Reply #8
13. Like the Signs!
:thumbsup:
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-12-08 07:12 AM
Response to Reply #8
15. Love those!
:applause:
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lpbk2713 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 12:19 PM
Response to Original message
10. It having been a law for X number of years has no real bearing.



Other than the fact that they have been wrong for that same number of years.



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WA98296 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-12-08 08:45 AM
Response to Original message
17. Hope ACLU gets this brought to an end.
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Tesha Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-12-08 09:23 AM
Response to Original message
18. This is the kind of thing that (almost) *NEVER* ges to court.
Step 1: Municipality does something that is a sure
pandering crowd-pleaser but is blatantly unconstitutional.

Step 2: Someone complains to the ACLU or their
local affiliate.

Step 3: ACLU staff attorney writes a letter to said
municipality reminding them, in well-lawyered language, that
their action was blatantly unconstitutional and only a
horse's ass of an attorney would even try to defend the
actions that the municipality took.

Step 4: Municipality backs down from their idiotic
action citing the threats of lawsuits imposed by "the evil
ACLU" and the expense of defending against those lawsuits.

It happens every day in America. Support the ACLU and/or
its local affiliates.

Tesha
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