When political lawn signs shout too loudly
The size of the political message has become an issue, pitting freedom of speech vs. local codes.
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In Lantigua's view, the new strategy is an underhanded way to sidestep the shaky legal grounds on which the city's political sign ordinance stands. He says he's never seen the state building code applied to political signs before.Skip to next paragraph
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"I think this is one of those cases when I have to stand up and say, 'You know what? That ordinance, it is unconstitutional and you need to modify it,'" he says.
The legal precedent that lower courts typically cite when ruling on political signs is the 1994 US Supreme Court case City of Ladue v. Gilleo. In a unanimous decision, the court struck down a law prohibiting signs at private residences and described residential yard signs as "a venerable means of communication that is both unique and important."
The court declared that ordinances can regulate the time, place, or manner of political speech only if they also enable residents to express themselves through "ample alternative channels for communication."
"Is the 'time, place, and manner' restriction [in Lawrence] appropriately related to some fairly urgent government need?" asks Harvard Law School professor Charles Fried.
According to some city officials, one pressing government need is upholding community safety and aesthetics.
"The signs that are being put up are unsightly and obstruct motorist sightlines when coming out of certain streets," City Council President Patrick Blanchette said in an e-mail interview.
But Councilman Michael Fielding, who sent a letter to the city attorney Monday asking him to issue a clear directive to the city council on the ordinance, thinks the controversy in Lawrence has its roots in something more mundane than the US Constitution: a personal conflict between Lantigua and Devers that may have motivated Devers supporters to report Lantigua's signs to authorities.
This year's campaign is a rematch of a 2006 race in which Devers's name was removed from the primary ballot after Lantigua questioned his residency status.
The Devers campaign did not return repeated calls and e-mails for this article.
"I ran for political office and used oversized signs all the time," Councilman Fielding says. "We [local politicians] have all used oversized signs, and no one's ever complained."
Citations for oversized signs are not unprecedented in the city, however; just last year, they triggered the removal of signs in a congressional race.
In the streets of Lawrence, which has so many foreign-born residents that it is nicknamed "Immigrant City," opinions on the potential court challenge are mixed.
Sitting on a bench outside City Hall, Betty Diaz said big signs can be visually pleasing to voters, adding that Lantigua has the Constitution on his side.
But her friend Ana Sosa quickly scolds her in rapid Spanish, arguing that large signs disturb the community.
"It bothers her because it's Lantigua," Ms. Diaz says, referring to Ms. Sosa's partisan leanings. "If it was Marcos Devers it would be different."
"You want people to think you are a front-runner, but you don't want them to think you're sullying the neighborhood by putting this monstrosity on someone's lawn," he says.