Candidate's sign can stay on supporter's lawn — for now
By The Associated Press
10.11.02
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PITTSBURGH — A federal judge says an Erie County township can't take down a Green Party candidate's campaign signs from her supporters' lawns pending a court hearing on the township's demand for a $50 refundable bond.
U.S. District Judge Sean J. McLaughlin on Oct. 8 imposed a 10-day restraining order against Harborcreek Township, which told Green Party congressional candidate AnnDrea Benson that she had to pay the bond in order to put up signs.
Officials in the Erie suburb say the bond doesn't restrict free speech and point out that other candidates in the past have complied with the ordinance.
The American Civil Liberties Union filed suit on behalf of Benson and one of her supporters, Donna Cramer, saying no candidate should have to pay any fee for the right to put up campaign signs on private property, said Witold "Vic" Walczak.
"They cannot burden free speech in this fashion," said Walczak, executive director of the Pittsburgh ACLU chapter.
"A person's home is his or her castle and the government has a tremendous burden to justify restriction, especially on free speech."
The bond is commonly used by municipalities to ensure that campaign signs are posted properly and in case the town has to pick up the cleaning bill after an election, said Joseph Peck, Harborcreek Township code enforcement officer.
"It does not restrict free speech. It is for the insurance that the signs do not litter the highways and do get removal," Peck said.
Peck said the ordinance was already in place when the township updated its laws in 1984. In the 10 years he's worked for the township, Peck says he can recall keeping the money only once when a sign was improperly displayed.
"It's never been an issue before," he said.
Benson, an attorney who is running against Republican incumbent Phil English to represent the Erie area, said she was able to negotiate with other municipalities with similar ordinances throughout her campaign — until now.
"For a grass-roots campaign like [mine], not raising hundreds of thousands of dollars, this becomes an important issue, let alone being unconstitutional," Benson said.
Benson says she's hoping the court will issue a clarification so that towns will back off from enforcing such ordinances.
Update
Pennsylvania township drops campaign-sign fee
Agreement ends dispute between Harborcreek Township and Green Party congressional candidate AnnDrea Benson over $50 permit for campaign signs.
10.21.02
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