The second flaw in the code, Plane said, is that it gives an unfair advantage to candidates who ran in a primary and so can leave their signs up until November. That means candidates who run in June primaries get a four-month campaigning head start over candidates who do not have to run in a primary election.

Brian Barnard, a Utah civil rights attorney assisting the ACLU with the case, said he has never seen an ordinance like Draper's that can withstand court scrutiny.

"This is about free speech, free expression," he said.

Jeff Hymas, spokesman for Draper city, said the controversy over the code can be boiled down to confusion over the wording of the ordinance, but that the intent is not to stifle free speech.

"If we need to reconsider our wording in the sign ordinance, that is something we can do," Hymas said.

For Towner, the removal of his signs last week is more than a free speech violation but is an example of Draper city officials abusing power. Towner is running against Draper council member Colbert for a spot on the State School Board.

Towner said he believes the removal of his signs was nothing short of political sabotage by his opponent.

"This has just brought more scandal to Draper," Towner said. "It's bad for Draper, it's bad for government. It's just bad."

Colbert said he had nothing to do with Towner's sign problem and that the order to remove the signs came from the city's code enforcement officer. Colbert added that Towner's signs were not targeted and that several signs campaigning for other offices were removed as well.

"If he makes me out to look like the bad guy, I guess it helps his campaign. He's free to do that," Colbert said.

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E-mail: estewart@desnews.com