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.