ACLU sues Wisconsin town over political-sign restrictions
By The Associated Press
08.29.02
PEWAUKEE, Wis. — The American Civil Liberties Union has filed suit against the city of Pewaukee, claiming it violated the First Amendment with an ordinance banning residents from placing political signs on their own property.
"When our Founding Fathers drafted the First Amendment it was about the freedom for somebody to get up and let a government body know how they feel about an issue," said attorney James Friedman, who is representing the ACLU.
The case was filed Aug. 22 in U.S. District Court on behalf of Pewaukee resident Walter Fiedorowicz, who has not been allowed to put a "Let Us Vote" sign on his property. The sign called for a referendum on the consolidation of the city of Pewaukee and the village of Pewaukee.
The city ordinance prohibits election campaign signs unless it is within 45 days of an election.
Friedman said the ordinance specifically restricts content-based signs, which is a violation of both the U.S. Constitution and the state's free-speech clause.
Mayor Jeffrey Nowak says he understands people's desires to express their opinions but says the sign ordinance is designed to prevent an overload of signs erected by special interests.
"In many ways I want them to be able to have their signs, but we have already received dozens of calls from other groups to say that if you let them have their signs, I want a sign on this subject, like build more schools, let school start early, build less roads, or a free dog license," Nowak said. "Where does this thing stop? That's really the issue."