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Plainfield political sign ordinance challenged

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The American Civil Liberties Union of Indiana has filed a federal lawsuit challenging a Plainfield ordinance restricting political lawn signs.

Filed this morning in the Southern District of Indiana, the case of Robert N. Crews v. Town of Plainfield seeks to have the local zoning ordinance declared unconstitutional and to stop town officials from enforcing it. Plaintiff Robert N. Crews sued after receiving a letter from the planning department Sept. 10 notifying him he couldn't have a political sign displayed in his front yard because of the rules.

According to the town's 10-year-old local zoning ordinance, those signs can only be posted 30 days prior to the election and must be taken down within five days following the election.

The sign was less than 16-square feet in area, wasn't placed in a right of way, and didn't hinder safety or traffic visibility, the suit says. While the suit doesn't mention by name the presidential candidate the sign supports, Crews confirmed it was in support of Democratic presidential candidate Barack Obama. He removed the sign and hasn't put it back on the lawn since then, but feels his own and his wife's First Amendment rights are being violated, and they want resolution as soon as possible prior to the Nov. 4 election.

The ACLU of Indiana plans to ask the court to issue a preliminary injunction stopping Plainfield from enforcing the ordinance, according to legal director Ken Falk.

This is the fourth suit of its kind the civil rights group has filed in the state, and so far three have been resolved in favor of those wanting to put the signs in their front yards.

In past years, Noblesville and Valparaiso backed down from enforcing political sign restrictions and a proposed settlement in a Highland case is being finalized as the town steps down from enforcing its local ordinance, Falk said.

"It's beyond my comprehension why communities continue to think they can infringe on the First Amendment this way," Falk said. "Numerous cases across the country have struck down these ordinances as a violation, and it's clear that we're talking about a fundamental right of political free speech here .... This is the way all of us have the right to speak about and contribute to campaigns in a very public way."

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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