Free speech lawsuit costs Mapleton $9,000

Published: Thursday, July 15 2010 6:48 p.m. MDT

MAPLETON — Mapleton city officials and the attorney for a mystery client have agreed to settle a lawsuit claiming the city's political sign ordinance violated the First Amendment.

The city agreed Thursday before U.S. District Judge Clark Waddoups to pay the plaintiff identified only as "C. Johnson" $9,000 for attorney fees. The plaintiff agreed to waive any claim for damages.

The ordinance makes it a misdemeanor to display political signs at certain times and carries a maximum $750 fine or six months in jail.

The stipulated settlement acknowledges that Mapleton admits no wrongdoing and is settling with attorney Brian Barnard to avoid costly litigation. Barnard said he sued because the City Council failed to act after he sent it two warning letters.

A preliminary injunction against enforcing the ordinance remains in effect until the city repeals it in August.

Meanwhile Mapleton's city attorney, Eric Johnson, is to contact every Utah County mayor or city attorney in the next 10 days and urge them to review their political sign ordinances and to explain the settlement.

Mapleton has scheduled its first hearing on the ordinance on Tuesday, but will likely continue it to a later meeting in August, said City Administrator Bob Bradshaw.

— Rodger L. Hardy

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