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10-25-2007, 09:57 AM
FREEDOM!!! (http://www.hastingsstargazette.com/articles/index.cfm?id=16216§ion=homepage&CFID=136149&CFTOKEN=47869026&jsessionid=8830625a18f592553363)
:D:D:D:D:D:D
Resident fights for his right to display campaign sign
Keith Grauman (kgrauman@hastingsstargazette.com) The Hastings Star-Gazette
Published Thursday, October 25, 2007
Hastings resident Chris Chandler never considered himself a “political person,” that is, until he discovered Republican presidential candidate Ron Paul.
“What he said was different than everyone else,” Chandler said. “The way he talks made so much sense.”
When Chandler first discovered Paul, who is also a congressman from Texas’ 14th district, he spent the entire day on the internet reading about him and watching debates Paul participated in. Initially it was Paul’s stance on the war in Iraq, which is essentially “get out now,” that attracted Chandler. http://www.hastingsstargazette.com/gfx/photos/stories/signs.10-25.jpg (http://www.hastingsstargazette.com/articles/includes/full_photo.cfm?id=1676)
Chris Chandler stands in front of the sign he put up on his fence in August. When the City of Hastings told him he had to take the sign down because it violated the city’s sign ordinance, it didn’t seem right to Chandler. After reviewing the ordinance, the city decided to re-examine its sign code and will be pursuing a change over the next two months. RELATED CONTENT
http://www.hastingsstargazette.com/gfx/icons/chat.gifAdd a comment (http://www.hastingsstargazette.com/articles/index.cfm?id=16216&page=comments) http://www.hastingsstargazette.com/gfx/icons/site_doc.gifKeith Grauman Archive (http://www.hastingsstargazette.com/reporters/index.cfm?page=articles&reporter_id=15)
“For the first time in my life – I’m 36 – I’m seeing an honest politician,” Chandler said.
In early August, Chandler drove to Iowa to volunteer with the Ron Paul campaign during the Iowa straw poll. When he was there he purchased a banner that read “Ron Paul – Hope for America – Be a part of it,” and upon his return to Hastings, he put it up on the fence that surrounds his backyard on the corner of Highway 55 and Maple Street.
That’s when the fun began.
The city informed Chandler in a letter dated Oct. 1 that the banner was in violation of a city ordinance that prohibits banners in residential districts. The letter also directed Chandler to take it down by Oct. 8.
A few days later, after calling the city to inquire about the ordinance they claimed he was violating, Chandler received a letter stating it was a provision in the city’s sign code that prohibits campaign signs from going up more than 100 days before an election.
That didn’t seem right to Chandler, so he made up his mind to do something about it. He never questioned that he was in violation of the law, but the law itself struck Chandler as unconstitutional.
“How far am I willing to go?” Chandler asked. “As far as it takes to have the code changed in town.”
Admittedly, prior to this situation, Chandler didn’t know much about civil liberties, but it didn’t take long for him to read up on the subject. Ron Paul is a huge advocate of protecting civil liberties, Chandler said, which further inspired him to challenge the legality of the 100-day provision in the Hastings sign code.
“People are so used to being told what to do, they don’t know their civil liberties are being violated,” Chandler said.
He found two decisions from courts in Minnesota that dealt with similar issues, in which censorship of political signs was struck down because the laws violated the “content neutral” provision of free speech covered by the First Amendment.
Essentially “content neutral” means there can’t be restrictions on certain types of speech but not others. Campaign signs are considered political speech, while things like real estate “for sale” signs are considered commercial speech.
On Oct. 12, Chandler sent that information in an e-mail to Planning Director John Hinzman, who responded the next day by saying he would forward the information to City Attorney Dan Fluegel and that the city was standing by its sign code and asked him again to remove the banner.
Later that day Chandler received a second e-mail from Hinzman that said the city would be reviewing the ordinance and that it wouldn’t pursue any enforcement action against him.
Four days later, on Oct. 17, Chandler’s persistence paid off when the city informed him it would begin looking into changing the 100-day provision in the city’s sign code.
“I was a bit surprised,” he said. “I wasn’t sure they’d do it. I thought maybe they’d just leave me alone and not change it.”
Hastings City Attorney Dan Fluegel said the original ordinance was based on a model many cities in Minnesota use. The cities of Apple Valley and Rosemount both have 100-day provisions in their political sign laws.
Fluegel said upon close consideration of the ordinance, a change is warranted.
“Posting a sign is one form of speech and if an ordinance restricts some types of speech and not others, like commercial speech, then it’s subject to very high standards of scrutiny.”
He said cities are well within their rights to limit some things when it comes to political signs, like prohibiting them from being placed in a road or utility right-of-way or specifying what materials signs can be made of. What’s likely to be changed in the Hastings code is the elimination of any time restrictions on noncommercial signs.
A Minnesota law says “all noncommercial signs of any size may be posted in any number from August 1 in a state general election year until 10 days following the state general election.”
Fluegel said the Minnesota law will be applied in general election years, but in other years, the city’s sign code will be used.
In order to change the city code, a formal process must occur in which public hearings are held and City Council approves the change.
In the Oct. 17 letter to Chandler, Hinzman said the city would begin working on the revision and would have a draft ready for the Planning Commission to review in November or December.
Since protecting civil liberties is something Ron Paul takes very seriously, Chandler thinks Paul would be happy to see what he went through to fight for his rights in posting a campaign sign on his property.
“He’d think it’s fantastic. Chandler said. “I knew my rights and stood up for them.”
:D:D:D:D:D:D
Resident fights for his right to display campaign sign
Keith Grauman (kgrauman@hastingsstargazette.com) The Hastings Star-Gazette
Published Thursday, October 25, 2007
Hastings resident Chris Chandler never considered himself a “political person,” that is, until he discovered Republican presidential candidate Ron Paul.
“What he said was different than everyone else,” Chandler said. “The way he talks made so much sense.”
When Chandler first discovered Paul, who is also a congressman from Texas’ 14th district, he spent the entire day on the internet reading about him and watching debates Paul participated in. Initially it was Paul’s stance on the war in Iraq, which is essentially “get out now,” that attracted Chandler. http://www.hastingsstargazette.com/gfx/photos/stories/signs.10-25.jpg (http://www.hastingsstargazette.com/articles/includes/full_photo.cfm?id=1676)
Chris Chandler stands in front of the sign he put up on his fence in August. When the City of Hastings told him he had to take the sign down because it violated the city’s sign ordinance, it didn’t seem right to Chandler. After reviewing the ordinance, the city decided to re-examine its sign code and will be pursuing a change over the next two months. RELATED CONTENT
http://www.hastingsstargazette.com/gfx/icons/chat.gifAdd a comment (http://www.hastingsstargazette.com/articles/index.cfm?id=16216&page=comments) http://www.hastingsstargazette.com/gfx/icons/site_doc.gifKeith Grauman Archive (http://www.hastingsstargazette.com/reporters/index.cfm?page=articles&reporter_id=15)
“For the first time in my life – I’m 36 – I’m seeing an honest politician,” Chandler said.
In early August, Chandler drove to Iowa to volunteer with the Ron Paul campaign during the Iowa straw poll. When he was there he purchased a banner that read “Ron Paul – Hope for America – Be a part of it,” and upon his return to Hastings, he put it up on the fence that surrounds his backyard on the corner of Highway 55 and Maple Street.
That’s when the fun began.
The city informed Chandler in a letter dated Oct. 1 that the banner was in violation of a city ordinance that prohibits banners in residential districts. The letter also directed Chandler to take it down by Oct. 8.
A few days later, after calling the city to inquire about the ordinance they claimed he was violating, Chandler received a letter stating it was a provision in the city’s sign code that prohibits campaign signs from going up more than 100 days before an election.
That didn’t seem right to Chandler, so he made up his mind to do something about it. He never questioned that he was in violation of the law, but the law itself struck Chandler as unconstitutional.
“How far am I willing to go?” Chandler asked. “As far as it takes to have the code changed in town.”
Admittedly, prior to this situation, Chandler didn’t know much about civil liberties, but it didn’t take long for him to read up on the subject. Ron Paul is a huge advocate of protecting civil liberties, Chandler said, which further inspired him to challenge the legality of the 100-day provision in the Hastings sign code.
“People are so used to being told what to do, they don’t know their civil liberties are being violated,” Chandler said.
He found two decisions from courts in Minnesota that dealt with similar issues, in which censorship of political signs was struck down because the laws violated the “content neutral” provision of free speech covered by the First Amendment.
Essentially “content neutral” means there can’t be restrictions on certain types of speech but not others. Campaign signs are considered political speech, while things like real estate “for sale” signs are considered commercial speech.
On Oct. 12, Chandler sent that information in an e-mail to Planning Director John Hinzman, who responded the next day by saying he would forward the information to City Attorney Dan Fluegel and that the city was standing by its sign code and asked him again to remove the banner.
Later that day Chandler received a second e-mail from Hinzman that said the city would be reviewing the ordinance and that it wouldn’t pursue any enforcement action against him.
Four days later, on Oct. 17, Chandler’s persistence paid off when the city informed him it would begin looking into changing the 100-day provision in the city’s sign code.
“I was a bit surprised,” he said. “I wasn’t sure they’d do it. I thought maybe they’d just leave me alone and not change it.”
Hastings City Attorney Dan Fluegel said the original ordinance was based on a model many cities in Minnesota use. The cities of Apple Valley and Rosemount both have 100-day provisions in their political sign laws.
Fluegel said upon close consideration of the ordinance, a change is warranted.
“Posting a sign is one form of speech and if an ordinance restricts some types of speech and not others, like commercial speech, then it’s subject to very high standards of scrutiny.”
He said cities are well within their rights to limit some things when it comes to political signs, like prohibiting them from being placed in a road or utility right-of-way or specifying what materials signs can be made of. What’s likely to be changed in the Hastings code is the elimination of any time restrictions on noncommercial signs.
A Minnesota law says “all noncommercial signs of any size may be posted in any number from August 1 in a state general election year until 10 days following the state general election.”
Fluegel said the Minnesota law will be applied in general election years, but in other years, the city’s sign code will be used.
In order to change the city code, a formal process must occur in which public hearings are held and City Council approves the change.
In the Oct. 17 letter to Chandler, Hinzman said the city would begin working on the revision and would have a draft ready for the Planning Commission to review in November or December.
Since protecting civil liberties is something Ron Paul takes very seriously, Chandler thinks Paul would be happy to see what he went through to fight for his rights in posting a campaign sign on his property.
“He’d think it’s fantastic. Chandler said. “I knew my rights and stood up for them.”