After run-in with Kobach, Wichita changes rules for political signs — with one exception

Wichita council members have unanimously approved an overhaul of the city’s sign ordinance, bringing it into alignment with a state law that Attorney General Kris Kobach accused Wichita of willfully violating.

In the 45 days before an election, Wichitans can now place an unlimited number of temporary signs on public property — as long as they are removed by two days after the election.

The ordinance is content-neutral, meaning the same rules apply to non-political signs, too.

The City Council did strike a provision from the amended ordinance that would have prohibited property owners from removing unwanted signs from public rights-of-way in front of and adjacent to their property.

“I maintain a public right-of-way at my house between the street and the sidewalk,” council member Bryan Frye said.

“I could have an opponent’s sign, or a position on something that I don’t agree with, in the yard that I maintain where it looks like I endorse that. And I have no means to counter that.”

Chief Deputy City Attorney Sharon Dickgrafe said the provision was intended to discourage people from stealing signs.

Mayor Brandon Whipple made an amendment to remove the provision, saying it would ensure rights-of-way aren’t “hijacked for commercial or political use.”

The 2015 state law invoked by Kobach prohibits local governments from regulating the placement or number of signs on private property in the lead up to elections. Kobach’s office did not immediately respond to a request for comment Tuesday.

The updated city ordinance includes a number of conditions for sign size and placement. Signs may not be illuminated, exceed 8 square feet in area or be more than 5 feet tall. They also cannot be closer than eight linear feet to a side property line.

Signs — political or otherwise — are also prohibited from being placed adjacent to or on public property, including libraries and parks, under the proposal.

Council member Brandon Johnson voted in favor of the ordinance change but said there are any number of issues he would rather see Kobach and state lawmakers take action on.

“For the record, I would love to see our Legislature and attorney general do a little more for things that actually help people and not focus on yard signs,” Johnson said. “There’s revoked drivers licenses that are still an issue. There’s reviewing ‘stand your ground’ with the death of CJ Lofton. We still need to fix KanCare. It’d be nice to legalize medical cannabis.”