Pawtucket agrees to temporarily lift size, lighting and other limits on political signs
PROVIDENCE – As primary elections inch closer, the City of Pawtucket agreed Thursday to halt the enforcement of an ordinance restricting the placement of political signs in yards more than 30 days before an election as the parties work out a resolution in the case.
The city reached a consent agreement with the state affiliate of the American Civil Liberties Union before a court hearing Thursday not to enforce limitations on timing, lighting and size of political yard signs.
“We believe it’s an excellent interim resolution to the dispute,” Richard A. Sinapi, a volunteer lawyer for the ACLU, said Thursday at a virtual hearing before U.S. District Court Judge Mary S. McElroy.
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Under the agreement, the city will not enforce, nor threaten to enforce, “any size, placement, and/or illumination restrictions on political campaign signs, including but not limited to candidate campaign signs or issue signs, that are more stringent than those imposed on non-political signs.”
The ordinance had also specified that signs could not be illuminated or exceed 12 square feet.
Background of the case
The ACLU sued the city Tuesday on behalf of two Democratic candidates for state legislature – Jennifer Stewart and Cherie Cruz – arguing the ordinance banning the posting of political yard signs more than 30 days before an election was unconstitutional and should be struck down.
The city late Wednesday agreed to pause enforcement, allowing the candidates to immediately replace signs. City Solicitor Frank J. Milos Jr. said the City Council would review the ordinance “to ensure that it is in compliance with existing case law.”
Marc DeSisto, representing the city’s insurer, told the court Thursday that the parties would work together to finalize details, but that enforcement would remain paused until further order of the court.
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Cruz is among the Democratic candidates running to replace Rep. Carlos Tobon in District 58. Tobon opted to not seek reelection following a WPRI investigation into his business dealings. Stewart is challenging Rep. Jean Philippe Barros in the Democratic primary for House District 59. Both will face off with other candidates in the primary election on Sept. 13.
According to the lawsuit, Stewart put up a sign at her home July 2 and began distributing signs to supporters. Thirty-two signs had been placed when she received a missed call from Barros.
She soon received a voicemail left by Registrar of the Board of Canvassers Kenneth McGill alerting her to the ordinance and warning her that she and her supporters could face fines. She drove all over the city removing signs as a result.
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The suit says Cruz learned of the restrictions while campaigning door–to-door. Believing the ordinance was unconstitutional, Cruz, who has spent a decade on the ACLU board, enlisted the organization’s help.
They argue that while the city allows near-unfettered governmental speech to be posted, it restricts other kinds of speech, including political, through the ordinance. They are asking the court to bar the city from enforcing the ordinance, arguing it is unconstitutional and violates their First Amendment rights.
Further, they say, they are disadvantaged by a lack of name recognition as unendorsed candidates whose campaigns are not well-financed. They say they rely on inexpensive yard signs as a means to generate exposure and name recognition.
McGill and and Zoning Director John Hanley are also defendants in the suit.
Cruz could not be reached immediately Thursday.
This article originally appeared on The Providence Journal: Pawtucket agrees to temporarily lift limits on political signs
