From Deseret News archives:
Removal of signs in Draper gets dander up
ACLU files suit asking for a restraining order
Towner later learned from city officials that his signs had been removed because they violated a city campaign sign ordinance. Towner, who had not been notified of his violation, said his signs were removed from both public and private properties.
The incident spurred the American Civil Liberties Union to file a lawsuit Tuesday asking for a restraining order to block Draper's election sign ordinance saying it is unconstitutional. The suit claims Draper's code violates free speech rights by prohibiting campaign signs on both public and private property more than 30 days before an election. The code, however, allows candidates who put up signs for a primary election to keep their signs up from June primaries until the Nov. 2 finals.
Two residents who wanted to erect campaign signs in their yards and Ken Larsen, a People's Choice Party candidate for governor, are the plaintiffs in the suit, which names the Draper City Council and Mayor Darrell Smith as defendants.
Margaret Plane, staff attorney for the ACLU, said the 2004 ordinance denies residents the right to free speech on their own property.
Although Plane said many Salt Lake County cities have similar time limits on campaign signs, the ACLU chose to file suit against Draper because its 30-day time limit was particularly egregious.
Council member Bill Colbert, a defendant in the suit, said the actual time limit is 45 days before the election, but the code has not been updated to reflect that recent change. Colbert also said the code only refers to signs on public property, not on private land.
But the code never mentions that, Plane said. In fact, a segment of the city's sign code about private, residential signage has a reference to the segment with the 30-day limitation. Moreover, even if the code truly only imposes a 45-day limit, Plane said any time restraint on free speech is unconstitutional.
"It's simply a bad code that needs to be fixed," she said.
Comments
- Emotion is big key for Cougs 11:35 p.m.
- Toone, Smith pace WSU selections 11:33 p.m.
- Wildcats' program on the rise 11:31 p.m.
- NFL notes: Rule changes 11:30 p.m.
- Donny and Kym dance to victory 11:30 p.m.
- Utahns hit roads, runways 11:21 p.m.
- West Jordan pummel West 11:14 p.m.
- Obama hails U.S.-India partnership 11:00 p.m.
- AF handles scrappy Fremont 10:50 p.m.
- Human race related to earliest fossils 10:40 p.m.
- Utah, BYU are top choices for bowls
- BYU would like friendlier rivalry
- Protests against Phoenix LDS temple
- Best prep football games of 2009
- KSL: Prostitution in Utah County
- Man trapped in own body for 23 yrs
- Kirilenko climbing blocks list
- Woman describes stabbing, killing
- Boys basketball rankings
- 'Dancing' will fill out finale
- BYU would like friendlier rivalry
229 - Glenn Beck to enter politics?
224 - RSL wins MLS Cup on penalty kicks
202 - Protests against Phoenix LDS temple
189 - Bronco, Kyle rubber match
137 - Palin's book shows she's unqualified
136 - BYU records with win
133 - Letters: Rushing to judge Palin
120 - Hall, Johnson matchup key
102 - Jazz finally win in San Antonio
99
Sorry the obvious is painful for you. It is way past time the Jazz joined the...
At the risk of sounding like a broken record, 2 minutes for Fesenko? Are you...
Can you show me where it’s working? The first rule in good business or...
Great work gentlemen! May you bring home many more MLS Cups. Posters, we...
Can you show me where it’s working? The first rule in good business or...
As long as BYU doesn't try to go deep, they are going to be fine on offense....
This game is actually very close on paper. BYU has more yards per game, but...
Way to go Donny you had my vote from the start. I thought they gave to much...
Is there someplace where we can watch the Cougarettes perform? Is there...
How is Pleasant Grove ranked higher than Syracuse when Syracuse beat them in...



You can be the first to comment on this story.