Political signs vs. clutter control

Political signs vs. clutter control
Wheeling sign rule draws fire from resident
Originally published Monday, Dec. 17, 2007

By Nadia Malik
Daily Herald Staff Writer

For Wheeling, it's about controlling clutter, but for Chris Shefner, it's a matter of retaining his constitutional rights.
Shefner, a Wheeling resident, said he plans to fight a $25 citation he received for having two signs supporting presidential candidate Ron Paul in his front yard. Such signs have been a common manifestation of Paul's grassroots organizing effort.
Wheeling ordinances don't allow any political signs out on private property more than 30 days before an election. Residents also only can have one sign up per candidate.
"It's for aesthetic purposes mainly, to prevent accumulation of too many signs," said James Ferolo, attorney for the village of Wheeling.
It's an issue that has inspired controversy in other suburbs over the years, and at least one has backed away from such an ordinance.
A couple of years ago, Wheeling looked at extending the 30-day limit to 90 days, but trustees ultimately decided the policy was fine as is.
Mark Johnson, who is with the community development department in Wheeling, said the village received a complaint about Shefner's signs.
He said the protocol is to send several warnings to residents who violate the village ordinance and then hand out a citation.
Before this case came up, "we've never had anyone not comply," he said.
Shefner, however, says it's his property, and he should be allowed to have signs up in his yard whenever he wants.
"There's absolutely no reason for this kind of law to be around," he said. "It's my personal property; I should be able to put whatever I want in the yard."
The American Civil Liberties Union agrees with Shefner.
"We're always concerned when there are efforts to limit the capacity and ability of people to engage in free speech," said Ed Yohnka, spokesman for the Illinois chapter of the ACLU.
Adam Schwartz, senior attorney for the ACLU of Illinois, said he's sent a letter to Wheeling informing it of the organization's view.
He said presidential campaigns don't start a month before the election, so it's not realistic to create an arbitrary limit to signage.
"If this was a sign that said, 'Lower my taxes' or 'Support the troops,' it doesn't matter," Schwartz said. "People should be allowed to engage in basic First Amendment political speech."
Just last month, Buffalo Grove, Wheeling's next-door neighbor, changed its sign ordinance to drop a 30-day time limit because a candidate brought up the issue during the 2006 elections.
Buffalo Grove Village Attorney Bill Raysa said at the Nov. 19 board meeting that there have been several cases statewide regarding freedom of speech and election signs.
While the constitutionality of such laws isn't clear, Raysa said the 30-day time limit could come under scrutiny, and he recommended removing it to stay on the safe side. In a memo sent to the village board when the issue was under discussion, Raysa wrote:
"Although the Supreme Court has not considered the issue, the overwhelming majority of courts that have reviewed sign ordinances imposing durational time limits for temporary political signs tied to a specific election date have found them to be unconstitutional."
Other towns have had their share of political sign flaps.
Most recently, Hawthorn Woods was challenged for its rules, which require candidates to submit names and addresses of all political sign locations. That issue is still being resolved, although a tentative oral agreement could mean the ordinance won't be enforced.
A proposal in Algonquin to impose a limit of only one candidate sign per lawn failed earlier this year.
Ferolo, the Wheeling village attorney, said now that the issue has come up, he'll recommend the village board take another look at its ordinance.
However, that doesn't necessarily mean anything will change.
"Aesthetic purposes have been upheld in court, so long as you let people get their message across," Ferolo said. "Most villages have felt that with the 30-day limitation, you were still doing that while at the same time preventing too many signs accumulating."
Interim Wheeling Village President Judy Abruscato said political signs have been getting out of control in the village, and she thinks 30 days is more than enough time to show support for a candidate.
However, she said if it's brought up, she's willing to give the issue a second look.
"We're always here to help residents so that people don't feel that their rights are violated," she said.
Shefner said he plans on fighting the ordinance. He hasn't paid the fine, but he also hasn't received a court date from Wheeling yet.
He said that besides contacting the ACLU, he is looking for an attorney who can represent him if Wheeling doesn't overturn its ordinance.
"This is political; this is very important to people like me," he said.