Group claims village’s political sign ordinance violates First Amendment

By Thomas Clapper

CCM Reporter

Carrollton officials are reviewing a village ordinance after receiving an email letter from Associate Council Nathan Moelker of the American Center for Law & Justice informing the village its political signs ordinance is a violation of First Amendment rights and stating, “there could be legal action.” 

The document states the American Center for Law & Justice represents Denise and Kerry Green, residents of Carrollton, regarding ordinance 1189.05(a)(6) which prohibits political signs “no more than thirty days nor more than seven days after the date of any election.”

“Basically, they are threatening to sue us for our ordinance because they say it violates freedom of speech,” said Stoneman. “This isn’t the first time we have been threatened to be sued. But I think with this we have only a 49 to 50% chance of winning.”

According to the legal document, “the Green family is politically active and plan on voting in the 2024 election. However, they anticipate engaging in early voting rather than voting on election day itself. …. They had a Trump 2020 sign in their yard for several months in 2020. They have lived in Carrollton for 18 years and have never been told to remove a political sign before or been given any indication that political signs are considered unlawful.”

The document continues, “On Aug. 27, 2024, a Carrollton police officer told the Greens he had been directed to go door to door enforcing the ordinance and they had to take the signs down. 

The conclusion and demand segment states, “To resolve this matter efficiently and avoid further legal action, we demand that the Town of Carrollton immediately agree in writing to stop enforcing Carrollton Ordinance 1189.05(a)(6) against the Green Family and agree to abolish this provision entirely as soon as is reasonably practicable.”

There was also a deadline of Sept. 27, only three days after the original document was sent on Sept. 24, for the village to stop enforcing the ordinance.

Stoneman said after receiving the email he spoke to Police Chief Tim Timberlake advising him to not enforce the ordinance. 

On Sept. 25, Village Solicitor Clark Battista replied to the email stating the police department has been ordered not to enforce the ordinance pending action and review by village council. 

Battista made it clear, however, the village will continue to enforce Codified Ordinance 1189.04 prohibiting the placement of all signs on any public property, in the public right of way or affixed to any utility pole, tree or screening less than 10 feet from any lot line or right of way line. 

Battista wrote, “The village has a compelling interest for driver distraction and public safety to enforce this section. Any signs violating this section will be removed by the village.”

In a response to the village, Associate Counselor Moelker replied the administrative action ordering the police to not enforce the signs will be satisfactory immediate action, pending action by council.

In his response, Battista said the matter would be discussed at the Oct. 14 council meeting, which it was. Council members will review the material and are expected to act at the Oct. 28 meeting. Council was short two members at the Oct. 14 meeting due to President of Council Wilma Lambert’s absence and former Councilman Corey Yeager’s resignation. 

According to a Google profile, The American Center for Law & Justice is a politically conservative, Christian-based legal organization in the United States with its headquarters in Washington, D.C.