PAWTUCKET – The American Civil Liberties Union of Rhode Island Inc. is suing the city over an ordinance that bans posting political signs on residential properties 30 days prior to an election, the organization announced Wednesday.
The lawsuit was filed on behalf of two candidates running in city primaries for the General Assembly, Democrats Cherie Cruz (House District 58) and Jennifer Stewart (House District 59).
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The ACLU claims the ordinance violates the candidates’ First Amendment rights, arguing that “residential signs are a form of unique expression entitled to the highest degree of protection” and a “cheap and convenient form of communication … by which people of modest means may become involved in political campaigns and show their support for a candidate or cause.”
In early July, Stewart was notified by City Registrar Kenneth R. McGill that he would refer the matter to zoning officials and residents could face possible fines. Stewart had placed more than 30 candidate signs at supporters’ homes.
Cruz learned about the ordinance after she distributed signs to her supporters. City officials confirmed with her in a phone call that anybody erecting her signs more than 30 days before the election could be fined.
The lawsuit seeks a temporary restraining order against enforcement of the ordinance and an award of as yet undetermined monetary damages and attorneys’ fees for the city’s “willful” violation of the candidates’ First Amendment rights. A hearing is scheduled to be heard Thursday at 10 a.m. via Zoom before U.S. District Judge Mary McElroy.
McGill could not be immediately reached for comment.
