ACLU Challenges Pewaukee Speech Ordinance in Federal Court
August 22, 2002
Today, the American Civil Liberties Union of Wisconsin filed a complaint
challenging a City of Pewaukee ordinance that restricts citizens from
using signs on private property with the owners' permission for political
speech.
The complaint was filed on behalf of Walter Fiedorowicz, a City of Pewaukee
businessman and community activist, who wishes to place a sign on his
property calling for a referendum on a proposed consolidation between
the City and Town of Pewaukee. The city council denied Mr. Fiedorowicz
a permit to place these signs on his property.
A section of the City's ordinances restrict citizens from engaging in
political speech by prohibiting the placing of signs on private property
without a permit more than 45 days before or 7 days after an election.
"Under Pewaukee's sign ordinance, no person has an unimpeded right to
post on his or her own private property a political sign. That is a gross
violation of our fundamental right of freedom of expression," said Attorney
James Friedman, lead counsel for Mr. Fiedorowicz.
"Mr. Fiedorowicz's signs are not just electoral signs that endorse a
particular political candidate, but rather they express a political point
of view that must be protected in our society," commented Attorney Friedman.
"There is no way a citizen could comply with this ordinance, if they
wish to call for a referendum. The ordinance is just plain wrong in any
case and as applied to our client it smacks of petty politics. We want
the City to stop enforcing the ordinance against any of their citizens.
" said ACLU of Wisconsin Legal Director, Micabil Diaz.
The lawyers filed the complaint with the United States District Court
for the Eastern District of Wisconsin, challenging the constitutionality
of the ordinance on the grounds that it violates both the First Amendment
to the United States Constitution and the free speech clause of the Wisconsin
Constitution. They seek to enjoin its enforcement.
Mr. Fiedorowicz is represented by a team of lawyers led by Attorney James
Friedman of La Follette, Godfrey & Kahn in Madison, and Attorney Micabil
Diaz, Legal Director of the ACLU of Wisconsin Foundation in Milwaukee,
as co-counsel.
Related Articles:
July 16, 2004
April 12, 2004
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