Ohio Supreme Court strikes down city's limits on political yard signs
By The Associated Press
09.07.00
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COLUMBUS, Ohio — The state Supreme Court ruled yesterday that
limits a northeast Ohio city placed on political yard signs violated the
property owner's free-speech rights.
In a unanimous ruling, the court struck down the Painesville ordinance
that limits the display of the signs to 17 days before an election and two days
after.
The city filed a complaint on Oct. 15, 1997, alleging that David
Dworken had posted and refused to remove a campaign sign on the property of his
law firm, Dworken & Bernstein. The firm pleaded no contest in Painesville
Municipal Court, was found guilty of a zoning violation and ordered to pay a
$250 fine. The fine was not imposed pending appeal.
The 11th Ohio District Court of Appeals later reversed the lower
court, saying the ordinance was unconstitutional. The state Supreme Court
agreed with the appeals court.
Chief Justice Thomas Moyer, writing for the high court, said that
narrowly drawn municipal ordinances restricting the time, place and manner of a
display are reasonable. The Painesville restriction, however, was not such an
ordinance and "is unconstitutional when applied to prohibit the owner of
private property from posting a single political sign on that property outside
the ... period set by the ordinance," he wrote.
The court said the time period did not reflect the duration of the
traditional Labor Day-to-November election season, usually a period of more
than 60 days.
Shawn Maestle, a lawyer representing the law firm, said he
wasn't surprised the state Supreme Court had upheld the reversal. Edward
Powers, who argued the case for Painesville, declined to comment, saying he had
not seen the ruling.
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