TER
06-30-2008, 03:47 PM
NJ lawsuit backs political yard signs (http://www.newsday.com/news/local/wire/newjersey/ny-bc-nj--politicalyardsign0630jun30,0,253132.story)
By TOM HESTER Jr. | Associated Press Writer
June 30, 2008
TRENTON, N.J. - The American Civil Liberties Union of New Jersey has filed a federal lawsuit against a Passaic County town alleging it has unconstitutionally prohibited people from posting political yard signs.
The lawsuit filed against Hawthorne comes after Andrew Gause was cited for displaying signs supporting Ron Paul's Republican presidential candidacy.
He was ticketed on Feb. 26, though Hawthorne officials later dropped the charge.
The borough's ordinance allows laws signs 32 days before an election and seven days after. New Jersey's presidential primary was Feb. 5, but Gause wanted to keep his signs up as long as Paul campaigned.
"Posting a sign on my private property is a basic right guaranteed by the Constitution," Gause said.
The ACLU-NJ said the borough's ordinance would keep residents from putting up signs for Barack Obama, John McCain or any other political cause throughout the summer, while campaigns are in full swing.
It also sent a letter to Shrewsbury Borough in Monmouth County, asking that it repeal its ordinance that bans political signs 60 days before and five days after an election.
"The free exchange of ideas is an essential part of our democracy," said ACLU-NJ attorney Lawrence Ross. "These bans on political signs prevent people from engaging in a traditional American pastime _ expressing your view."
Hawthorne attorney Michael Pasquale said he was surprised the lawsuit was filed. He said officials there recognized problems with the ordinance and are considering changes.
"There has been absolutely no attempt on the part of the borough at any point to enforce this ordinance nor will there be," Pasquale said.
He said charges were dropped against Gause because the borough prosecutor recognized it as a "questionable case."
"We remain committed to resolving this matter because we as a community recognize the legitimate issues raised," Pasquale said.
ACLU-NJ's deputy legal director, Jeanne LoCicero, said the lawsuit was filed because the measure remains on the books.
"And we're concerned about its enforcement," LoCicero said.
By TOM HESTER Jr. | Associated Press Writer
June 30, 2008
TRENTON, N.J. - The American Civil Liberties Union of New Jersey has filed a federal lawsuit against a Passaic County town alleging it has unconstitutionally prohibited people from posting political yard signs.
The lawsuit filed against Hawthorne comes after Andrew Gause was cited for displaying signs supporting Ron Paul's Republican presidential candidacy.
He was ticketed on Feb. 26, though Hawthorne officials later dropped the charge.
The borough's ordinance allows laws signs 32 days before an election and seven days after. New Jersey's presidential primary was Feb. 5, but Gause wanted to keep his signs up as long as Paul campaigned.
"Posting a sign on my private property is a basic right guaranteed by the Constitution," Gause said.
The ACLU-NJ said the borough's ordinance would keep residents from putting up signs for Barack Obama, John McCain or any other political cause throughout the summer, while campaigns are in full swing.
It also sent a letter to Shrewsbury Borough in Monmouth County, asking that it repeal its ordinance that bans political signs 60 days before and five days after an election.
"The free exchange of ideas is an essential part of our democracy," said ACLU-NJ attorney Lawrence Ross. "These bans on political signs prevent people from engaging in a traditional American pastime _ expressing your view."
Hawthorne attorney Michael Pasquale said he was surprised the lawsuit was filed. He said officials there recognized problems with the ordinance and are considering changes.
"There has been absolutely no attempt on the part of the borough at any point to enforce this ordinance nor will there be," Pasquale said.
He said charges were dropped against Gause because the borough prosecutor recognized it as a "questionable case."
"We remain committed to resolving this matter because we as a community recognize the legitimate issues raised," Pasquale said.
ACLU-NJ's deputy legal director, Jeanne LoCicero, said the lawsuit was filed because the measure remains on the books.
"And we're concerned about its enforcement," LoCicero said.