ACLU of West Virginia Sues City of Bridgeport for Banning Political Yard Signs
FOR IMMEDIATE RELEASE
October 21, 2004
Contact: Andrew Schneider,
(304) 345-9246
BRIDGEPORT, WV – The American Civil Liberties Union of West Virginia announced today a First Amendment lawsuit challenging a city of Bridgeport ordinance banning political signs on private residential property for more than 11 months of the year.
The ACLU of West Virginia filed the lawsuit on behalf of Bridgeport resident Daniel McFadden, who initially placed political signs in his front yard at the end of August, but was later told that a city ordinance prohibited displaying such signs until 15 days before or 48 hours after an election. McFadden, who’d like the freedom to display political signs on his property at other times of the year can only do so at the risk of having his signs confiscated, a fine of up to $500, and imprisonment for up to 30 days as stated in the ordinance.
“The ability to express one’s political viewpoint is an indispensable condition of a free democratic society,” said Andrew Schneider, Executive Director of the ACLU of West Virginia. “For the city of Bridgeport to decide a resident may speak about a political issue 15 days before an election but not 16 days beforehand is an illogical and unnecessary restriction of our most fundamental freedom."
The lawsuit also asserts that the less restrictive requirements for non-political signs in the Bridgeport ordinance unfairly discriminates against political speech in violation of First Amendment rights.
The ACLU-WV is asking the court to declare the ordinance unconstitutional and prevent the city from enforcing it.
The lawsuit was filed in United States District Court for the Northern District and Robert Bastress is serving as ACLU-WV cooperating attorney in this case.