KIRTLAND, OH- The American Civil Liberties Union of Ohio sent a letter to Daniel F. Richards, law director for the city of Kirtland, warning him that restrictions placed on election signs violate residents’ free speech rights. The ordinance states that residents may not display signs thirty days before an election and must take them down ten days after the election. Additionally, it requires a person to pay a ten dollar fee per sign and limits the size and number of signs that may be posted on private property.
ACLU of Ohio Executive Director Christine Link said, “Government should not be in the business of charging residents for expressing their political views. At the very core of the first amendment is the right for each person to speak freely without having to pay a fee or getting permission from the government. It’s called free speech—not nominally-priced speech.”
"Restrictions on how or when people can express their beliefs ultimately lead to them feeling less free to exercise their first amendment rights for fear of retribution from the government. The best way to encourage a healthy public debate is to allow each person to express his or her views openly and freely," added Link.
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 timeframe that the signs are erected. In 2000, the Ohio Supreme Court ruled that time restrictions violated free speech protections. The court said that by imposing restrictions on when political signs could be displayed, the city effectively banned political speech during times it was not allowed.
Additionally, in 2004 the ACLU of Ohio represented Karen Arshinkoff, wife of Summit County GOP chairman Alex Arshinkoff. Mrs. Arshinkoff was fined by the city of Hudson because they deemed her 4’ by 8’ Bush/Cheney sign too large. Courts agreed with the ACLU that the city’s restriction on the size of political signs was a violation of her free speech rights.
Link concluded, “It is unfortunate that officials in Kirtland have interfered with residents’ rights to express their views so close to an election. Rather than restricting the speech of its citizens, officials should be celebrating that so many people wish to be actively involved in civic life.”
