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Saturday, January 10, 2009

Ind. Law - Still more on: Political yard signs in the news again

Updating this ILB entry from Jan. 7th, Bruce C. Smith of the Indianapolis Star reports today under the headline "End in sight for sign lawsuit." Some quotes from the lengthy story:

A settlement is near on a federal lawsuit filed against Plainfield's ordinance that restricts the display of political campaign and candidate yard signs.

Attorneys in the suit were to meet Friday with U.S. District Court Judge William T. Lawrence to report on prospects for a settlement and the town's steps to repeal the controversial portion of the sign ordinance.

"I expect this suit to be settled," Plainfield town attorney Mel Daniel said Monday, when the Plan Commission agreed to delete wording in the sign control ordinance that limited the size and time period that political signs could be displayed.

Like many other Indiana cities and towns, Plainfield's ordinance limited the size of signs to a few square feet (about the size of an ordinary real estate "for sale" sign) and said they should not be displayed more than 30 days in advance of an election. * * *

Ken Falk, legal director of the American Civil Liberties Union of Indiana, which filed the suit, said "this was a clear violation of the First Amendment. Now, I fully expect the case (with Plainfield) to be resolved."

Falk and the ACLU already have settled two similar suits filed against Highland and Lebanon.

The city councils in both of those communities voted late last year to drop language in their sign control laws that had limited campaign signs. They also paid the legal costs of the ACLU.

Falk added, "With these suits and through other contacts, I hope to spread the word that every community should look into their (sign control) ordinances. And if they have these limits on the display of political signs, then they should amend (the ordinances) so we don't have to go through more lawsuits."

Posted by Marcia Oddi on January 10, 2009 09:14 AM
Posted to Indiana Government | Indiana Law