Protest groups win new poster rules for D.C.
By: Michael Neibauer
Examiner Staff Writer
November 9, 2009
Sign rules that remainThe District has lifted its requirement that signs promoting anti-war marches and other events go up and come down within 60 days, a restriction that sparked constitutional questions and an ongoing court fight.» No more than three occurrences of the same sign on one side of the street within one block
» No damaging adhesive
» No posting on trees, traffic signal poles, bus shelters or trash cans
The revised regulations were issued Nov. 2, a week ahead of oral arguments in a two-year-old lawsuit filed against the District government by the ANSWER Coalition and the Muslim American Society Freedom Foundation.
The two groups were fined thousands of dollars for illegally putting up posters in the city ahead of a September 2007 anti-war march. They argued in the lawsuit that the District has set up an unconstitutional "hierarchy of speech" by exempting politicians from the 60-day law.
D.C. lawyers responded that this "is not a case about the First Amendment, but about the District's authority under its police powers to combat littering." The city's Department of Transportation, however, acknowledged that the emergency rules were issued "to help expedite mitigation of any constitutional concerns," according to the explanation that accompanied the change.
The Partnership for Civil Justice represents the anti-war groups. Arguments Tuesday are before the D.C. Circuit Court of Appeals
Under the new regulations, posters that promote a "specific event," like a protest march or an election, may go up anytime before the event, but must come down 30 days after the event. The rules also allow anyone to affix a non-event related poster in the public space for up to 60 days, as long as it is not lewd, indecent or vulgar.
Violators are subject to fines of no less than $35 per sign.
The prior rules exempted two types of posters from the 60-day limit: Those promoting a political candidate and those designed to aid in neighborhood protection from crime.
Mara Verheyden-Hilliard, a partnership lawyer, said the decision to issue revised rules is a "major concession" on the District's part. But the regulations remain "hopelessly unconstitutional," she said, because the District is "still regulating based on content" and requiring that posters are registered.
The new rules, however, could open the poster floodgate. A candidate for elected office in 2010, for example, can start posting now.
"People don't like signs anyway, so rules that loosen the regulations on signs are not going to go over well," said Ward 2 D.C. Councilman Jack Evans.
