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ACLU wins day-old political-sign suit

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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."

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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