Pennsylvania town rescinds restrictions on political signs

The Associated Press

10.08.99

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IRWIN, Pa. — Borough officials yesterday rescinded restrictions on political signs after the American Civil Liberties Union threatened to sue. The ACLU claimed the rules violated constitutionally protected political speech.

Irwin's ordinance, which amended a previous law that regulated political signs on public property, was adopted May 12, just after the primary elections. It was rescinded unanimously by the council late yesterday following an hourlong executive session.

"Council has, after reviewing the ordinance that we passed and the correspondence we received from (the ACLU's) Mr. (Witold) Walczak, unanimously agreed it would be in the best interest of the borough to rescind both ordinances in their entirety," borough Solicitor Christopher Feliciani said after the vote in Westmoreland County.

The ordinance had restricted political signs to four square feet and one per piece of property and imposed a 600-foot limit between signs. It also required a cash bond before a sign could be posted and banned signs in any private establishment, commercial or residential.

The ordinance also said signs could not be posted sooner than 30 days before an election or longer than three days after the vote.

Democratic candidate Danyce Neal said before yesterday's council meeting that the ordinance was an attempt "to lock me out."

"I'm the only one in this whole ward running against an incumbent," Neal said. "If I put a sign in my own front yard, I'm in violation because I have to be 600 feet away from any other candidate's sign."

The borough's code enforcement officer also had told her that she couldn't post a sign at her business, Olympia Candy, in Irwin's downtown.

Neal said her opponent, Republican Al Keene, started early Saturday — 30 days before the general election — and posted so many signs that there was no room for her. Any sign she tried to put up would have violated the ordinance, she said.

Keene agreed that he hit the campaign trail early but said Neal could have done the same thing. He denied taking advantage of the ordinance to block his opponent's ability to put up signs.

"That didn't even enter into it," said Keene, who's been elected to the council and run unsuccessfully for mayor. "It's always been my policy to get up early, put them in and go about my day's business."

And, even though Keene voted for the ordinance, he said he thought the amendment went too far.

"For goodness' sakes, when we're talking about this matter we're talking the First Amendment," Keene said. "I wouldn't break any amendment."

Witold Walczak, executive director of the state ACLU, had demanded that Irwin abandon the ordinance and return any money posted as bond by 5 p.m. today or the ACLU would file a lawsuit.

"What tyrant wouldn't want a system like this, where you can totally shut down someone's political speech? It just has no place in the United States," Walczak said.

Irwin's code enforcement officer also had trained his sights on Jim Casorio, who has had a sign endorsing his son, state Rep. James Casorio, D-Westmoreland, in the window of his shop, Frank's Shoe Repair, for the past four years.

Casorio has refused to remove the sign.

"Like I told the fella when he came down, that's my son and I'm proud of him. That sign is staying there," he said. "I think what they're doing is illegal — how are they going to cite me?"