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Local Sign Ordinances Violate Residents' Free Speech

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Local Sign Ordinances Violate Residents' Free Speech 2004 MICHIGAN VOTER GUIDE ENCLOSED CENTER SECTION The American Civil Liberties Union of Michigan 60 W. Hancock Detroit, MI 48201-1343 (313) 578-6800 www.aclumich.org NUMBER 8 • VOLUME 3 • FALL 2004 LOCAL SIGN ORDINANCES VIOLATE RESIDENTS’ FREE SPEECH THE ACLU OF MICHIGAN has put cities all ous signs on their lawns at any one time Mr. Fehribach and Ms. Adzigian are To read the complaints and the court over the state on notice–get rid of your including signs such as “for sale,” “for represented by ACLU cooperating attor- decisions, go to: unconstitutional sign ordinance provi- lease,” “open house,” “garage sale,” an ney David Radtke and Michigan ACLU http://www.aclumich.org. sions or meet us in court. So far, we know information or direction message, an Legal Director Michael J. Steinberg. that five municipalities have heeded the American Flag, a state flag, a corporate warning and agreed either to review flag and a construction sign. The only them, change them or, at the very least, restriction is on political signs of which 1 not enforce them. Unfortunately, that’s no more than two are allowed. not true everywhere. “It makes no sense to allow only one On September 17, the ACLU filed a “political” sign, but unlimited commer- lawsuit in federal court on behalf of Mary cial signs. Our lawsuits show that the 2003 Adzigian, a Grosse Pointe Woods woman ACLU is always vigilant in protecting all 2004 who supports the Kerry-Edwards ticket. our rights – Democrats and Republicans On September 27, we filed a second case alike – regardless of one’s viewpoint. ALL on behalf of a Troy man, Kent Fehribach, Local government officials do not get to F who supports the Bush-Cheney ticket. decide what political views are allowed in In June in became apparent that many their community,” Moss added. DECEMBER cities in the state have unconstitutional This is not a new issue to reach the sign ordinances. The Oakland County courts. In 1994 the Supreme Court struck Branch of the ACLU sent a letter to Troy down a sign ordinance noting, “It bears and ten other municipalities in the area mentioning that individual residents them- urging them to amend their sign ordi- selves have strong incentives to keep their nances to protect the free speech rights of own property values up and prevent their residents. Troy opted not to amend ‘visual clutter’ in their own yards and its ordinance or respond to the letter. neighborhoods – incentives markedly dif- Each of the plaintiffs in our two cases ferent from those of persons who erect received a written notice from their signs on others’ land, in others’ neighbor- respective cities letting them know they hoods, or on public property. Residents’ had violated the ordinances which pro- self-interest diminishes the danger of the hibit the display of a sign more than 30 ‘unlimited’ proliferation of residential days prior to the election. signs that concerns the City of Ladue.” “It is ludicrous, during any election A federal court judge agreed. On the but especially during a presidential elec- same day the Adzigian case was filed, tion year, for cities to be trying to prevent Judge John Corbett O’Meara issued a citizens from expressing their opinions on temporary restraining order for the their private property,” said Kary Moss, Grosse Pointe Woods ordinance and said ACLU of Michigan Executive Director. that residents should feel free to put polit- “It makes no sense to allow speech 30 ical signs in their yards. days before an election but not 31 days. Eleven days later, another federal judge The Bill of Rights guarantees our right to said much the same thing in the case speech 365 days a year, not 30.” against the City of Troy. Kent Fehribach Although Ms. Adzigian was threat- was extremely pleased with the ruling and ened with criminal prosecution for her put his “W” sign up the same day. Kerry-Edwards sign, her neighbor was “I decided to pursue this action against not required to take down his “Support Troy because I believe that they violated President Bush, Support our Troops” my constitutional rights. Now I hope the sign. The code enforcement officer told city will repeal the unconstitutional her that the 30-day rule only applies to aspects of their city code/ordinance so election signs and that her neighbor’s sign that, in the future, all Troy residents can Kent Fehribach and Mary Adzigian. was not an election sign. express their political opinions,” said Mr. “This isn’t a partisan issue, this is an Fehribach. American issue. What could be more After being contacted by the South- important to America than this presiden- western ACLU Branch, communities on IN THIS ISSUE: tial election. Shouldn’t we be talking the west side of the state – Allegan, St. Faith Based Sentencing (Page 2) 2004 Michigan Voter Guide (Page 5-8) about it for more than 30 days?” said Ms. Joseph and Lincoln Townships and the National ACLU Undergoing Major Change From The Field Organizer (Page 7) Adzigian. City of St. Joseph – all agreed to suspend (Page 2) She added, “Not only is this political- their 30-day rules. In 1996, the ACLU suc- LGBT Project Update (Page 7) In Memoriam/F. Philip Colista (Page 2) sign ordinance unconstitutional, it’s being cessfully challenged a similar ordinance Two New Publications Available (Page 7) From The Executive Director: inequitably enforced. I have a wonderful that prohibited both the posting of election From the President (Page 9) The Right to Vote (page 3) neighborhood and we’ve all agreed to dis- signs more than 45 days before an election Supreme Court to Hear Michigan Case Lawsuit Filed Against Michigan State agree. Both opinions need to be expressed and the posting of more than one sign per (Page 9) Police (Page 3) without the city censoring our dialogue.” candidate. (Dimas v. City of Warren, 939 Legislative Director Report (Page 10) In Mr. Fehribach’s case, Troy’s ordi- F. Supp. 554 (E.D. Mich. 1996). Supreme Court to Hear Michigan Case (Page 3) ACLU and Detroit Public Library nance also includes a provision regarding Celebrate the Freedom to Read From The Legal Director (Page 4) the number of signs that a resident can (Page 11) display. Residents are free to put numer- THE NATIONAL ACLU FAITH BASED SENTENCING IS UNDERGOING THE AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN has of program that President Bush wants to fund under his “faith A MAJOR CHANGE asked the Michigan Supreme Court to hear the case of a Catholic based” initiatives where religious indoctrination is dressed up to man who was criminally punished for not completing a look like social welfare. Pentecostal drug rehabilitation program. His request to be trans- Advocates of government-sponsored and government-funded After 40 years of ferred to another program was denied and he was sentenced to religion say that faith-based programs are constitutionally per- extraordinary service as six months in jail and boot camp. missible as long as participation in the program is voluntary and there is a secular alternative. ACLU of Michigan's liaison to “I needed help,” said Joe Hanas. “Instead I was forced to prac- tice someone else’s religion.” But, Joe Hanas was never given a secular alternative. His the ACLU National Board of Along with Kary Moss and Michael J. Steinberg, Cooperating choice was to either enroll in the Pentecostal program or go to Directors, Rolland O'Hare Attorneys Gregory T. Gibbs and Frank S. Ravitch are represent- jail. He wanted help and he needed rehabilitation services, but ing Mr. Hanas. his constitutional right not to surrender his Catholic beliefs will no longer serve on that The following op-ed by Wendy Wagenheim appeared in The resulted in his being sentenced to boot camp and jail. What’s dis- board. Rollo first served as Detroit News on August 27, 2004: turbing about Joe Hanas’ case is that he was placed in such a pro- gram by a court order and that ultimately it was his commitment national board Religious coercion in Michigan case shows government to his religious beliefs that led to the jail sentence. should be wary of faith-based programs representative, and later as While faith-based programs may be well-motivated and help- In a nation that cherishes religious freedom, how is it that a ful for some, it is not appropriate for the government to fund them an at-large member, but lost judge permitted blatant religious coercion, endorsing one religion or coerce people to participate in them. There is no doubt that over another and discouraging one religion altogether? That’s his latest bid for re-election. religiously affiliated programs can do a world of good. The work what happened when Joe Hanas, a young man from Genesee of such agencies as Catholic Family Services, Lutheran Refugee County, was arrested for a non-violent drug offense. Resettlement, Jewish Vocational Services, which are performed Rollo's service on the Board As part of a progressive court program, Joe had a chance to under government contracts, have provided much needed serv- receive drug rehabilitation rather than going to jail. There was, is the longest in ACLU ices to thousands of people over the years. unfortunately, one major problem – Joe Hanas is a practicing When these groups accept a government contract to deliver history. Last year National Catholic and the program was operated by Pentecostals. Though services to the community, they agree to serve the entire com- ACLU President Nadine the judge’s intent may not have been for Joe to convert to the munity and its needs, not only members of their denomination.
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