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South Park lifts limits in campaign sign dispute
Wednesday, February 27, 2008

South Park has agreed to amend its ordinance concerning political signs, settling a lawsuit the American Civil Liberties Union of Pennsylvania filed against the township last week.

U.S. District Judge Gary L. Lancaster signed a consent order Monday that says South Park will stop limiting the posting of political signs on private property to a period starting 30 days before an election and ending five days after it, and eliminate bond and permit requirements.

The ACLU alleged that the restrictions violated the First Amendment free speech rights -- and the 14th Amendment, which applied those rights to states and localities -- of South Park resident Joseph Rudolph.

Dr. Rudolph wanted to put a sign supporting Sen. Barack Obama's presidential candidacy in his yard in advance of Pennsylvania's April 22 primary.

Dr. Rudolph had been threatened with fines last year for posting a sign supporting his son's candidacy for district judge more than 30 days before the election. The township suspended enforcement of the ordinance after receiving a letter from the ACLU, but last fall Dr. Rudolph received a letter saying that after reviewing the ordinance, the township found no problems and would enforce it.

South Park Solicitor Paul Gitnik said the ordinance only was enforced in the past for signs in the public right of way, in this case on part of Dr. Rudolph's lawn close to the street. The current ordinance makes no distinction between public and private property for the time restrictions.

The new ordinance will allow political signs at all times on private property and in the public right of way in front of a private residence, provided the sign is no larger than 6 square feet and has been posted by the owner of the residence. The temporal, permit and bond restrictions likely will remain for signs in public places.

"We're going to make amendments to the ordinance to reflect how it's being enforced," Mr. Gitnik said. "We weren't trying to violate Dr. Rudolph's First or 14th Amendment rights."

The consent order left unresolved the matter of attorneys' fees, as Dr. Rudolph wants the township to pay his legal bills. The parties have until March 14 to solve the fee dispute or go back to court.

Witold "Vic" Walczak, legal director of the ACLU of Pennsylvania, said his office has received more complaints about political sign ordinances since filing the lawsuit Feb. 19. He said the ACLU is investigating claims in Venango, Somerset and Adams counties.

Before this case, the ACLU had successfully sued six Pennsylvania municipalities in the past decade for similar ordinances.

"Given that we've brought these cases before and we've done so repeatedly and these laws are still out there," Mr. Walczak said, "I'm skeptical that this is the last word, unfortunately."

Daniel Malloy can be reached at dmalloy@post-gazette.com or 412-263-1731.
First published on February 27, 2008 at 12:00 am
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