Clearly unconstitutional ban on political signs

July 29, 2002

ATLANTA: The Southeastern Legal Foundation today publicly released a legal demand letter served on Columbia County, Georgia officials Friday, calling the political sign ban in that county "obviously unconstitutional and subject to legal action."

The Columbia County sign ordinance provision directed at "political" signs violates federal and state constitutional free speech guarantees, and similar ordinances have been declared unconsitutional by the Georgia Supreme Court (Union City Board of Zoning Appeals v. Justice Outdoor Display, Inc., 266 Ga. 393, 467 S.E.2d 875 (1996)).

"We are prepared to take appropriate legal action to stop this clearly unconstitutional violation of our most protected free speech right - the right to open political speech," said Phil Kent, SLF President. "I trust that we have the full attention of the Columbia County officials charged with enforcement of this ordinance."

The demand letter, sent by SLF Legal Advisory Board Chair Lynn Hogue, a professor of constitutional law at Georgia State University College of Law, points out that potential legal action if the ordinance is enforced may include declaratory and injunctive relief, damages and legal fees in an action filed under federal civil rights statutes, and "damages including possible personal liability on [County Planning & Development Manager Ken Toma's] part since the law on this matter is so clear."

The Foundation has demanded that Columbia County officials take the following steps: 1) written notification that no Columbia County employees intend to enforce the ordinance regarding political signs; and, 2) written notification to all political candidates with whom the county previously communicated that the ordinance provision governing political signs is legally unenforceable and that nobody will attempt to enforce it.

"We hope the county will act responsibly and immediately, and we hope that court action will not be necessary," said Kent. "As we indicated in our letter, the ordinance is a disgraceful example of government coercion in view of the chilling effect it has on protected political speech rights, and it will be stopped."

Southeastern Legal Foundation is an Atlanta-based constitutional public interest law firm and policy center founded in 1976.

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