Fluvanna County has a number of ordinances that restrict the erection and display of signs within the County. As a general rule, a person must obtain a permit from the County in order to erect a sign, but certain kinds of signs are exempted from the permit requirement. Certain “temporary signs” which advertise an event or seasonal activity, are exempt from the permit requirement. Fluvanna’s ordinances include “political signs” within the category of temporary signs, but also limit the time during which political signs may be displayed to 60 days before and 10 days after the election to which the sign refers.
Dr. Elizabeth Alcorn, the Democratic Party nominee for Virginia’s 58th House of Delegates seat, turned to The Rutherford Institute for help in challenging the County’s 60-day sign limit restriction for campaign signs. The 58th District encompasses several central Virginia counties, including the most populous areas of Fluvanna County. While planning their efforts in Fluvanna County, Alcorn’s campaign became aware of the 60-day limit and the County’s history of enforcing the restriction against campaign signs, which would prevent her supporters from posting signs until September 6 (the general election will be held on November 5, 2019).
In a June 26 letter to Fluvanna’s County Administrator, attorneys for The Rutherford Institute pointed out that the County’s 60-day sign restriction violates the First Amendment’s guarantee to freedom of speech because the limit discriminates against political speech because of its content. The letter also pointed out that while a sign expressing support for a political candidate may only be displayed for a 70-day period (60 days before the election, with the sign having to be removed within 10 days after the election), other signs with non-political messages, such as “for sale” signs or “no trespassing” signs, may be displayed permanently. The U.S. Supreme Court has made clear that this kind of content-based regulation of signs is subject to strict scrutiny under the First Amendment. In acknowledging the constitutional problems raised by Rutherford Institute attorneys, County officials agreed to suspend enforcement of the ordinance while its planning commission considers changes to the regulations.
Click here to access The Rutherford Institute’s letter and Fluvanna County’s response.
This press release is also available at www.rutherford.org.
Source: https://bit.ly/32eO96p
The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been violated and educates the public about threats to their freedoms.
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