Laz
09-03-2006, 01:07 PM
PRAIRIE VILLAGE ORDINANCE | Federal judge blocks enforcement of new law
Anti-war signs can remain
City officials say they will rewrite the law so it will pass constitutional muster.
By KIT WAGAR
The Kansas City Star
Prairie Village protester David Quinly won an across-the-board victory last week in his efforts to tell the world that the U.S. presence in Iraq is wrong.
And Prairie Village officials are learning that regulating signs is trickier than they anticipated.
A federal judge on Thursday issued an injunction blocking the city from enforcing its sign ordinance after ruling that the law appeared to violate the public’s First Amendment rights.
City Attorney Charlie Wetzler said Prairie Village officials never intended to crimp anyone’s rights. He said officials would try to come up with a revised ordinance that addresses the court’s concerns.
“All Prairie Village wants is an ordinance that is constitutional,” Wetzler said. “We want an ordinance that works. It’s difficult when you’re balancing the needs of the city, the customs of the city and free speech.”
The ruling, by U.S. District Judge John Lungstrum, was a victory on all counts for Quinly, whose front-yard political signs ignited the legal dispute.
For more than two years, Quinly had posted signs opposing the war in Iraq in front of his Roe Avenue home when he was cited last September for two signs that were larger than the city ordinance allowed.
“Dubya — End the occupation. Stop murdering the poor in Iraq and help the poor in New Orleans,” the signs said.
Quinly pleaded no contest and was fined $300. He then appealed his conviction to Johnson County District Court, and the city agreed to dismiss the fine.
To address deficiencies in its rules regarding political signs, the city adopted a new ordinance designed to regulate “information signs” that involve free speech, a personal belief or a political party, candidate or issue.
The ordinance, which took effect in July, was based on a model used nationwide, Wetzler said.
Quinly, backed by the American Civil Liberties Union, challenged four aspects of the new rules.
Information signs, according to the rules, cannot be larger than 16 square feet and cannot contain profane or indecent expressions.
They must be durable enough to withstand high winds and cannot be displayed longer than 90 days before they are removed or replaced.
Lungstrum ruled that other signs — such as for-sale signs posted by real estate agents and signs posted at churches and libraries — were treated differently. Consequently, the issue became whether the rules served a compelling public interest.
Prairie Village argued that larger signs create a traffic hazard and that the durability requirement was justified as a way to prevent cheap signs in disrepair from cluttering neighborhoods.
Lungstrum ruled that the regulations achieved none of those purposes because signs not containing political messages were allowed to be larger and were not required to be in a stable condition.
Neither Quinly nor his attorney, John Simpson, could be reached Saturday.
Wetzler said that city officials could come up with new rules within a few weeks.
Anti-war signs can remain
City officials say they will rewrite the law so it will pass constitutional muster.
By KIT WAGAR
The Kansas City Star
Prairie Village protester David Quinly won an across-the-board victory last week in his efforts to tell the world that the U.S. presence in Iraq is wrong.
And Prairie Village officials are learning that regulating signs is trickier than they anticipated.
A federal judge on Thursday issued an injunction blocking the city from enforcing its sign ordinance after ruling that the law appeared to violate the public’s First Amendment rights.
City Attorney Charlie Wetzler said Prairie Village officials never intended to crimp anyone’s rights. He said officials would try to come up with a revised ordinance that addresses the court’s concerns.
“All Prairie Village wants is an ordinance that is constitutional,” Wetzler said. “We want an ordinance that works. It’s difficult when you’re balancing the needs of the city, the customs of the city and free speech.”
The ruling, by U.S. District Judge John Lungstrum, was a victory on all counts for Quinly, whose front-yard political signs ignited the legal dispute.
For more than two years, Quinly had posted signs opposing the war in Iraq in front of his Roe Avenue home when he was cited last September for two signs that were larger than the city ordinance allowed.
“Dubya — End the occupation. Stop murdering the poor in Iraq and help the poor in New Orleans,” the signs said.
Quinly pleaded no contest and was fined $300. He then appealed his conviction to Johnson County District Court, and the city agreed to dismiss the fine.
To address deficiencies in its rules regarding political signs, the city adopted a new ordinance designed to regulate “information signs” that involve free speech, a personal belief or a political party, candidate or issue.
The ordinance, which took effect in July, was based on a model used nationwide, Wetzler said.
Quinly, backed by the American Civil Liberties Union, challenged four aspects of the new rules.
Information signs, according to the rules, cannot be larger than 16 square feet and cannot contain profane or indecent expressions.
They must be durable enough to withstand high winds and cannot be displayed longer than 90 days before they are removed or replaced.
Lungstrum ruled that other signs — such as for-sale signs posted by real estate agents and signs posted at churches and libraries — were treated differently. Consequently, the issue became whether the rules served a compelling public interest.
Prairie Village argued that larger signs create a traffic hazard and that the durability requirement was justified as a way to prevent cheap signs in disrepair from cluttering neighborhoods.
Lungstrum ruled that the regulations achieved none of those purposes because signs not containing political messages were allowed to be larger and were not required to be in a stable condition.
Neither Quinly nor his attorney, John Simpson, could be reached Saturday.
Wetzler said that city officials could come up with new rules within a few weeks.