09/26/2014

Political signs allowed in traffic islands, at least for now

Political signs will be allowed in traffic islands at least for the time being.

In light of recent Maine court cases involving free speech on traffic islands, the Town Council is expected to rethink the town's regulations on signage in public ways.

The town's sign ordinance specifically prohibits political signs on traffic islands or town-owned property. But, according to an opinion from the town's attorney, the prohibition would not likely stand up in court. "In light of recent Maine case law ... this section of the sign ordinance would likely be found to be a restraint of speech that violates the First Amendment," said attorney John Wall. "It would appear that ... the sign ordinance imposes restrictions on signs (speech) based on the content or message of the sign," Wall said in a written opinion, which was solicited by town staff.

Wall has recommended the town either allow, or ban, all signs from traffic islands.

The Town Council is expected to refer the matter to its ordinance subcommittee next month, but in the meantime, "we will not touch any sign on a traffic island between now and the election unless that sign is a clear danger to traffic movement," Town Manager Michael McGovern said in an email to town councilors Sept. 26, 2014. He added that the town will not mow the islands until after the election Nov. 4.