A federal judge Friday shot down what she called an unconstitutional Baltimore County law limiting the lifespan of political signs on residents? front lawns.
The ruling was a victory for eight residents who sued county government in February after county lawmakers voted to restrict posting political yard signs 45 days before a primary election.
County officials argued the law only applied to official, candidate-authorized signs and would remove “visual clutter” and distractions to motorists.
But residents still could post homemade signs, negating the intended effects, said U.S. District Court Judge Catherine Blake.
“Aesthetics and traffic safety are significant government interests, but regulations still must be narrowly tailored to achieve those objectives,” Blake said. “Any number of signs are not covered by this regulation.”
Federal courts have repeatedly overturned similar laws, including one in Baltimore County in 1998. Enforcement of the more recent regulation was delayed after the American Civil Liberties Union of Maryland filed the lawsuit on behalf of the residents.
Blake and ACLU attorney Zeno Baucus emphasized the important role yard signs play in expressing support for a candidate, and a campaign. Plaintiffs included three past political candidates ? among them former Republican County Executive candidate Clarence Bell and Kathleen Cahill, an attorney representing a former county employee in a lawsuit alleging improprieties of a top county official.
They and others argued the law targeted unknown political candidates.
“It?s the incumbent protection act,” Douglas McNeal, an election law enthusiast who watched the proceedings. “Challengers need to get their names out there.”
James Nolan, who represents the county, said he was unsure if the county would appeal Blake?s ruling. He argued, while other duration limits on signs have been overturned, no laws have specifically regulated signs with authority lines.
“The evil people on the Baltimore County Council were not trying to restrict free speech,” he said. “They were really trying to respond to constituents? complaints.”
The state restricts signs to 45 days prior to the election, but highway officials said they lack authority to enforce it. The county requires property owners to remove signs seven days after a general election and forbids them in public rights of way.
THE PLAINTIFFS
Clarence Bell
Kathleen Cahill
Joseph Michael Collins Sr.
Ruth Goldstein
Homayoon and Manzar Moghbeli
Noel Levy
Patricia Visser
