FAIRVIEW PARK, Ohio — Confusion regarding the display of political signs as it relates to city ordinances and First Amendment violations is forcing communities to rethink laws it has on the books.
This includes Fairview Park, which finds city council expected to approve changes to its current sign ordinance language.
“We’re amending the ordinance in order to comply with the United States Supreme Court rulings regarding the First Amendment,” Fairview Park Law Director Timothy J. Riley said. “It’s my opinion the current time limit set forth in Fairview Park Municipal Code would be construed as violating the First Amendment based on those rulings.
“Because of those decisions, the time provision was not being enforced and Fairview Park City Council requested it be removed from the ordinance in order to eliminate confusion among the residents.”
Regarding resident complaints about signs, Riley said he received concerns about signs/flags displaying negative statements about political figures, which he noted were not in violation of the law.
“People should be able to express their opinion,” Fairview Park Mayor Patrick Cooney said. “If they want to put up a sign now, that’s their right. I don’t think the city should stop them. There are all types of yard signs now.
“You see ‘Healthcare Heroes’ and other types of signs that can be interpreted as being political. We shouldn’t be making that determination in the city of Fairview Park whether it’s a political statement or for a candidate. If somebody wants to display that sign, they should have the right to do so.”
The mayor added another reason to revisit the sign langue pertained to early voting.
“Our old ordinance had a 30-day provision in there prohibiting the display of political signs 30 days before an election,” Cooney said. “With early voting, it can be subject to interpretation as to when the election starts, so removing any type of confusion. We’re recommending the removal of the 30-day provision.”
Elements of the ordinance in question that remain include allowing signs to be displayed within the interior of windows on the premises or in a yard provided such signs, which can’t be illuminated, are located not less than five feet from any lot line or be affixed to a utility pole, tree lawn or public right of way.
Remaining sign restrictions include not exceeding four feet in height and six square feet per side.
“If somebody violates the ordinance based upon the size of it or what’s displayed, they can be subject to a minor misdemeanor charge,” Cooney said.
“We can’t regulate the timing or the content of a sign but the size of it, depending on where it’s placed, could be a distraction and block views. That’s really the restriction.”
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