ILNews

ACLU wins day-old political-sign suit

Back to TopCommentsE-mailPrintBookmark and Share

Within a day of filing a federal lawsuit regarding Plainfield's ordinance restricting political campaign signs, the American Civil Liberties Union of Indiana can claim another win on an issue that's becoming more prominent statewide.

The civil liberties group filed a suit Tuesday morning in the U.S. District Court's Southern District of Indiana challenging the town's 10-year-old ordinance, which prohibits residents from posting political signs more than 30 days before an election and more than 10 days afterward. Resident Nick Crews had received a letter Sept. 10 from the local planning department notifying him he'd illegally posted a sign in support of Democratic presidential candidate Barack Obama on his front lawn.

Crews removed the sign and contacted the ACLU.

In response, Plainfield has agreed to a 90-day enforcement moratorium and to allow residents to place political signs in their yards, town attorney Mel Daniels said. A board meeting is set for Monday to announce the resolution, and officials will then look at revising the ordinance, he said.

This case is the first time since the ordinance passed that anyone has questioned it, Daniels said. The ordinance was passed to help maintain the town's appearance and also ensure that all signs are taken down within a reasonable time frame following an election, he said.

"We'll go through the caselaw on that and see what needs to be done," he said. "But the restriction on time looks like it isn't supportable, and we'll probably have to take it out."

This is the fourth suit the state ACLU has filed and won relating to political signs and free speech rights, according to the organization's legal director Ken Falk. He plans to meet with the federal judge Monday to discuss ending the suit.

Previously, the ACLU has won similar suits in Noblesville and Valparaiso, and another suit from Highland is currently being resolved in an identical way, Falk said. Meanwhile in Plainfield, plaintiff Crews is pleased with the quick resolution and that his suit helped bring attention to the issue in what he describes as probably the most important election in modern history. He's placed his Obama sign on the front lawn again.

"Signs are great dialogue starters and a way to get people to talk about these issues," he said. "We're not being intrusive or forcing our opinions on anyone else. We just want to start a dialogue with neighbors, and it's important to talk about these issues. Citizens should be able to participate in that way - it's our constitutional right."

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

ADVERTISEMENT