September 30, 2004

Indiana Law - More on political yard signs

First it was Noblesville, then it was Lake County, yesterday it was Valparaiso (in Porter County). "Lawsuit suspends time limit on Valparaiso yard signs" was the headline to a story yesterday in the Gary Post-Tribune (probably no longer online) that reported:

The Indiana Civil Liberties Union has filed suit against Valparaiso for its time limits on political yard signs. The city’s attorney, Dave Hollenbeck, said the city will suspend its 30-day rule for the remainder of the election year and negotiate with the ICLU. That means a Valparaiso woman who defied the city’s rule on political signs won’t be fined and can leave her sign up.

The legal complaint for relief was filed in U.S. District Court in Hammond on Monday, said Ken Falk, executive director of the ICLU. * * *

Hollenbeck defended the overall yard sign law, which he said was the result of bipartisan work. But he conceded U.S. Supreme Court decisions may play a role in revisiting the ordinance when the city talks with the ICLU. Hollenbeck noted the complaint narrowly focused on the 30-day limit, and not the overall yard sign law.

The decision will not affect the restrictions upon the size or number of yard signs the law permits.

Falk said he was happy the city would not pursue enforcement, but said Collins-Novak and the ICLU were seeking a permanent injunction — that is, asking the federal court to strike down the 30-day rule permanently.

Last week, after Lake County decided not to enforce its 60-day and 45-day rules on various political signs, Falk told the Post-Tribune that the ICLU opposed any time-frame restrictions on political signs. Porter County has a 60-day rule.

The Valparaiso complaint is just one of many ACLU battles against yard sign laws this year. Earlier this month, Noblesville agreed to suspend their restrictions only 24 hours after the ICLU threatened to sue.

Here is another story, which notes:
Meanwhile, Marion County's political sign ordinance remains in effect but unenforced, and a city attorney said it likely would not be until constitutional issues are resolved.

Posted by Marcia Oddi at September 30, 2004 05:36 AM