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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. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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