Government officials throughout the Clarkston, Independence Twp. and Springfield Twp. are comfortable with their current political sign ordinances – despite recent rulings by federal courts in Michigan regarding several cases from the American Civil Liberties Union of Michigan.
The federal courts recently ruled in favor of first amendment rights on cases ranging from the length of time political signs can be displayed to the number of signs allowed on properties.
One example is a case brought by a Grosse Pointe Woods woman. The Oakland County resident received written notification stating display of her ‘Kerry/Edwards? sign more than 30 days before the election was in violation of the ordinance codes. Another example involves a ‘Bush? election sign displayed by a Troy man. In this case, the Troy ordinance also limited the number of election signs allowed. The federal courts ruled in favor of the plaintiffs in both cases.
Locally, Independence Township maintains the most restrictive political sign ordinance. According to the ordinance, political signs for public offices may be erected 14 days prior to the election and must be removed with five days of the election. In addition, the ordinance establishes size and height requirements for the displays.
‘Signs are like litter to our residents,? said Township Clerk Joan McCrary. ‘We’ve tried to balance this with no signs at all.?
‘I think people get where they don’t see them after a while. They don’t get bothered,? elaborated incoming clerk Shelagh VanderVeen.
Independence Township Supervisor Dale Stuart said he’s not concerned about the ordinance. He feels the right of politicians to advertise is equal to the right of officials to control blight in the community.
‘We came to the conclusion long ago that 14 days is plenty of time,? he stated. ‘We don’t aggressively enforce this during an election. It’s really a touchy subject.?
‘We haven’t had any serious questions about the timing,? he continued. ‘We’re doing what we think is appropriate to do. Any change would have to come from the residents.?
Enforcement of the sign ordinance in Independence basically involves contacting the candidates if signs are placed too soon. However, even then, township officials hesitate to push the matter since the area is surrounded by more lenient ordinances and residents often don’t realize where municipality lines stand.
‘We’re surrounded by 30 day ordinances and many residents don’t realize where Springfield Township or the City of Clarkston begin and end,? said McCrary. ‘We don’t press the matter.?
Springfield Supervisor Collin Walls confirmed that political signs can not be displayed more than 28 days before the election, and must be removed within 15 days after the event. The ordinance does not limit the number of signs allowed.
Township officials focus their enforcement of the ordinance primarily on the prohibition of signs in public right-of-ways and where the signs may cause a traffic hazard. Walls said the motivation for the ordinance is more geared towards safety and blight.
‘My personal opinion is 30 days is too long,? said Walls. ‘Speaking as someone who puts out campaign signs, I don’t know why I should have rights any greater than anyone else who advertises.?
For example, Walls states that garage sale signs would not be allowed six weeks in advance of the sale.
‘The general public has a right to some reasonable enjoyment of their community,? concluded Walls.
In Clarkston, the political sign ordinance is the most lenient – the signs can be displayed up to 60 days before the election and do not need removal until 14 days after the event.
‘We don’t specify how many are allowed,? said City Manager Art Pappas. ‘We specify the size, but not the number.?
Pappas stated cityiofficials do not actively enforce the ordinance, they simply rely on ‘seeing the sign? or ‘someone reports it.?
‘Then we just give them a call and ask them to remove the sign,? Pappas explained. ‘This really is not a concern for us.?
The ACLU of Michigan has been asking communities across the state to either review their ordinances, change them or, at the least, not enforce them. So far, several communities have taken action on the issue.