QUESTION
I have a sign on my property that reads "Impeach Him." Can the city of Chesapeake, VA force me to remove it?
Asked on Jul 21st, 2014 on Civil Litigation - Virginia
More details to this question:
The City of Chesapeake, VA has an ordinance governing "political signs." My sign measures 4 x 8 and is firmly attached to the ground by 4x4 posts. It is not a temporary sign; it has been on my property for ten years. I periodically post messages to it, e.g., several years ago I posted the names of city council members who voted to raise real estate taxes; other messages announcing meeting dates for community events; meeting dates of my book study group; messages honoring our military and veterans; a message thanking Seal Team Six for dispatching Osama bin Laden. There has never been a complaint about the sign or any interest from the city in regulating it out of existence. The current message reads "Impeach Him." Somebody didn't like the message and complained to the city. Now the city wants to regulate the sign as a "political sign" and force me to take it down. I consider this a First Amendment issue rather than a zoning issue. Do I have a case?
1 ANSWER
I don't agree with what you say (in fact, I think it's really stupid), but I'll defend to the death your right to say it.
I agree with you that this statute, to the extent that it purports to regulate private political speech, violates the First Amendment. The city would have a better chance if it claimed some other reason for regulating the sign, such as a zoning violation unrelated to the content of your message. The fact that the sign has been around for so long, and that the city has never previously had an issue with it, even when it contained political messages, would likely convince any court that any reason the city put forward for regulating the sign other than its content was a pretext.
If the city enforces its statute, however, it may cost you a lot of money to fight it. In that event, it's possible that the ACLU would be willing to handle the case for you without charge.
Answered on Jul 21st, 2014 at 1:12 PM