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Officials in Dauphin County allow Steelers sign on house
Friday, December 11, 2009

Officials in a small Dauphin County borough now say that they will not enforce an ordinance that prohibited a Pittsburgh Steelers fan from hanging on her front porch a banner that supports the team.

Instead, Penbrook solicitor Bruce Foreman sent a letter to the woman's attorney yesterday and asked if he could provide suggestions to revamp the borough's sign ordinance before the next scheduled council meeting on Monday.

Alissa Myers received a warning letter from the Penbrook zoning manager on Sept. 30, telling her that the 2-foot by 8-foot "You're in Steelers Country" banner hanging on her porch railing violated the borough code.

On Wednesday, the American Civil Liberties Union, which is representing Ms. Myers, sent borough manager and zoning officer James Armbruster a letter telling him that the ordinance controlling signage was unconstitutional. Specifically, it said that the way the law was written, it appears to favor commercial speech over personal speech.

Penbrook officials told Ms. Myers that she would have to pay a $40 permit fee to be allowed to hang the banner all the time, or be restricted to only displaying it on game days.

They threatened to cite her if she didn't comply.

But in its letter, the ACLU told Penbrook officials it would file a First Amendment lawsuit against them if they pursued sanctions against Ms. Myers.

Yesterday, Mr. Foreman said the borough would not pursue any action against Ms. Myers and instead said that he looked forward to working with the ACLU to revise the sign ordinance.

Valerie A. Burch, an ACLU attorney on the case, said the agency is "very pleased" that Ms. Myers will be able to hang her sign. "Hanging the sign on her home is her right," she said. "After all, if she can't show support for the Steelers at her own home, where can she?"

Paula Reed Ward can be reached at pward@post-gazette.com or 412-263-2620.
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First published on December 11, 2009 at 12:00 am