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ACLU opposes towns' sign fees

Residents of Silver Lake, Bath pay a $5 deposit for each election display

By Marilyn Miller
Beacon Journal staff writer

Published on Sunday, May 11, 2008

The American Civil Liberties Union of Ohio has put two Summit County communities on notice for making residents pay a fee to display political signs.

Silver Lake and Bath Township require $5 deposit fees for each sign residents want to display.

''It's a violation of the First Amendment,'' said attorney Jeff Gamso, legal director of the ACLU of Ohio, which is based in Cleveland. ''You can't charge people to put up a sign in their own yard for the right to speak on their own property.''

In Bath, the temporary sign permit fee can be deposited 30 days prior to an election and must be picked up five days after the election for the full refund.

Bath zoning department officials say in most cases the refundable fee is not even cashed.

''The regulation has been in effect for at least 15 years,'' said Bath Township Zoning Inspector Bill Funk. ''On Jan. 24, 2000, we adopted a major rewrite of the zoning regulations with several amendments, but this was not one of the issues addressed.''

Gamso said in 2000 the Ohio Supreme Court ruled that time limits can't be put on political signs.

''The law is clear,'' he said.

In Silver Lake, time limits on signs were eliminated in 2001. The $5 permit fee for each sign is refunded when it is taken down.

''We have few requests for signs in the village,'' Law Director Bob Heydorn said. ''If you look around, you may see six
signs throughout the whole area. Traditionally, our people don't allow signs. The vast majority feel a sign detracts from property values.''

Heydorn said village residents care more about their properties than in who is running for election.

''It may sound odd,'' he said, ''but residents feel that if you put a political sign in the village, it increases the chance of that candidate losing.''

In the 12 years he has been in office, Heydorn said there has never been a serious sign complaint made to the village. The ACLU's is the first, and it's his understanding that the complaint stemmed from a phone call from someone outside the area.

''The caller, who is a sign maker, asked about our sign policy,'' Heydorn said. ''The caller never made a request for signs and didn't make a formal complaint to us. The next thing we knew, the ACLU issued a complaint.''

Gamso said the ACLU, a nonprofit, nonpartisan organization, did not do a check of sign laws in communities. Rather it received reports about the policies in Bath and Silver Lake.

According to the ACLU, federal and state courts have routinely held that municipalities may not impose a fee for displaying political signs and may not restrict the size, number and time frame when signs are erected.

Both Bath and Silver Lake have size limitations for political signs. Silver Lake signs cannot be larger than 2 feet by 2 feet. Bath signs cannot be larger than 16 square feet and not higher than 4 feet.

Other communities also have rules covering political signs.

In Barberton, for example, there is a $25 bond requirement. Building Commissioner Jim Bauschlinger said this money is refunded when requested and the signs are removed.

''There is no limit on the number of signs,'' he said. ''The $25 pays for an unlimited number of political signs, and there are no restrictions on how long the signs can be put up beforehand, but residents have 72 hours after the election to remove the signs.''

In Fairlawn, there is a $25 refundable permit fee that also doesn't limit the number of signs. There is a time limit: The signs can go up 65 days prior to an election and must be removed three days after the election.

On the other hand, there are no time limits or fees required to display political signs in Akron, Copley or Wadsworth.

Bath's 30-day time limit on signs has no exceptions — even in presidential races.

''Signs can be displayed a month before primaries and in October before the November general election,'' Funk said.

Bath Township and Silver Lake officials have a couple of weeks to respond to the ACLU complaint.

''Not everything leads to litigation,'' Gamso said. ''Some communities re-examine the issues we point out and make changes.''

Marilyn Miller can be reached at 330-996-3098 or mmiller@thebeaconjournal.com.

The American Civil Liberties Union of Ohio has put two Summit County communities on notice for making residents pay a fee to display political signs.

Get the full article here.


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