Mapleton stunned by federal lawsuit over campaign signs

MAPLETON, Utah County — A federal civil rights lawsuit alleging that the city has restricted free speech over campaign signs has city leaders scratching their heads.

The First Amendment lawsuit filed by attorney Brian Barnard on behalf of a "C. Johnson" on Wednesday says that Johnson was told to remove political signs from his yard because they violated a city ordinance. But no one from the city asked him to remove his signs, officials said.

They also wonder who Johnson is, but Barnard said he is keeping his client's identity under wraps because he fears retribution.

The suit says that Johnson posted the signs in his yard last April when someone dropped by and told him to remove them because they may be in violation of a city ordinance.

Bob Bradshaw, city administrator, says whoever told him to take down his signs is a mystery.

"I have my suspicions who that was," said Mapleton City Attorney Eric Johnson (no relation to the plaintiff).

The suit claims that the city ordinance restricts such signs as supporting Sarah Palin for president in 2012 and for vice president in 2008, President Barack Obama in 2008 and "supporting the pending Utahns for Ethical Government Initiative."

The ordinance prohibits candidates or supporters of propositions from putting up their signs until the day after the filing period ends, or the proposition is certified, then they must remove their signs five days after an election, Eric Johnson said. Barnard said that is a violation of the First Amendment, because it restricts free speech.

However, people can put up signs before they declare their candidacy, which aren't considered political until they declare, Eric Johnson said. Such signs are considered protected speech, he said.

The city ordinance restricts both candidates and other residents from putting up signs on their private property, Barnard said.

He warned the city that its ordinance was in violation of the First Amendment at least twice last year, he said. He sent one of those letters, dated Dec. 21, 2009, to the Deseret News.

The lawsuit asks for a temporary restraining order or preliminary injunction against the ordinance. A hearing is scheduled before Judge Clark Waddoups in Federal Court next Tuesday at 3:30 p.m., Barnard said.