Dispute over sign rules moves to federal court
By PHIL SARATA, T&D Staff Writer Sunday, July 05, 20093 comment(s) | Default | Large
Controversy over enforcement of an Orangeburg city sign ordinance has moved to federal district court.
On June 24, Mabel All sued the City of Orangeburg, saying it violated her constitutional free speech rights when it removed a political sign from her yard. She is seeking an injunction to stop the city from doing it again.
City Administrator John Yow said, "I can only confirm that we have received this lawsuit and we are in the process of reviewing it with our attorney and the affected parties." The city has not yet responded to All's complaint.
According to the lawsuit, All placed a sign supporting Bill Connor for lieutenant governor between her fence and trees next to Custer Court in April. The city sent All a letter saying political signs can only be displayed 30 days prior to an election. It also said signs can not be displayed on the road right-of-way and no closer than five feet from the right-of-way.
Code enforcement officials removed the sign in early May.
Connor is an attorney with Hamilton and Associates, which filed the lawsuit on All's behalf, but says he did not bring his firm into the lawsuit.
"I tried to talk with city council and the mayor because I felt this could have been done without a lawsuit," Connor said. "I feel the ordinance was unconstitutional in the first place, but Col. Henry Hamilton, who has also fought for this country and has the same feelings as me on issues like this, felt it was wrong.
"I don't want to make political hay out of this. But government cannot limit political speech in this manner."
After briefing city council in executive session on May 19, City Attorney James Walsh said he had discussed the sign issue with the consultant who helped develop the ordinance language.
Walsh added that he agreed the ordinance's intent was not to, "prohibit political signs totally in residential areas."
When asked Tuesday if the ordinance might now warrant revisiting by council, Walsh declined to comment on the matter, saying it was a part of the lawsuit.
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T&D Staff Writer Phil Sarata can be reached by e-mail at psarata@timesanddemocrat.com or by telephone at 803-533-5540. Discuss this and other stories online at TheTandD.com.
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rump wrote on Jul 5, 2009 7:34 PM:
larry dunster wrote on Jul 5, 2009 1:05 PM:
We need to protect our residents from the litter of unneeded and unwanted signs.
Larry "
cherokee wrote on Jul 5, 2009 10:41 AM: