Signs will have easier time thanks to suit

Original Editorial posted in the Waukesha Freeman
July 16, 2004

The signs of change will be in the air this fall because the time of signs will change.

A recent federal judge's ruling that a City of Pewaukee ordinance was unconstitutional will likely mean the state will decide against trying to enforce its rule that limits when residents can plant signs to promote candidates or causes.

And the reason for the change is a lawsuit brought by city resident Wally Fiedorowicz, who said his freedom of speech was being infringed upon by a city ordinance that prohibited him from placing a sign on his lawn that said
simply, "Let us vote."

In April, the U.S. District Court rightly ruled that Pewaukee's sign ordinance violated resident Fiedorowicz's free speech rights by restricting when he could put political signs in his yard. The signs supported a referendum on whether the city and village of Pewaukee should merge into one city. The referendum was never held, in part because of opposition by government leaders.

The American Civil Liberties Union took up Fiedorowicz's case, agreeing with Fiedorowicz that the sign ban was unconstitutional.

Like the state, the city had allowed residents to post the signs from 45 days before an election to seven days after it. That so-called "45-7" rule allows residents to stick the signs in private property in view of the roadways only between 45 days before a primary election and seven days after the general election.

The rule is now being rewritten and it should be clear to the city that any restrictions will have to be carefully weighed against the rights of free speech involved in any sign rule. The key to the new rule will be determining whether the state's political sign code is more strict than regulations for other signs, such as advertisements for farm products.

The city also needs to carefully revamp its own sign ordinance in light of the decision. Unlike commercial signs which are permanent, political signs have one near certain date after which they will no longer be useful - the election date involved.

The city should consider that fact when it rewrites its statute.

And citizens in the city and throughout the state owe a debt to Fiedorowicz and the ACLU for defending the free speech rights of everyone.

Related Articles:
April 12, 2004
August 22, 2002

Click here to read the original complaint