ACLU sues Portsmouth over political sign ordinance

THE ACLU OF RHODE ISLAND has sued the town of Portsmouth related to an ordinance banning political signs on residential properties. The lawsuit was filed on behalf of Michael DiPaola, whose property is pictured above. / COURTESY AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND

PROVIDENCE – The American Civil Liberties Union of Rhode Island has filed a federal lawsuit against the town of Portsmouth over a town ordinance banning the posting of political signs on residential property, the ACLU announced Friday.

The lawsuit was filed on behalf of Portsmouth resident Michael DiPaola, who has recently erected signs on his property expressing his opinion criticizing a perceived “selective and corrupt code enforcement” by the town.

After posting his signs, the town issued a notice of violation of the town’s zoning ordinance for failing to obtain a permit required to display signs, noting that political signs were not a category of sign allowed to be displayed in residential areas, and that the sign violated a provision banning signs that “interfere with, mislead or confuse traffic,” the ACLU said.

DiPaola was given seven days to remove the sign or face fines of $500 per day for each sign left standing. The ACLU said that he complied with the order to avoid the fines.

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The ACLU’s lawsuit argues that the signs fall under DiPaola’s First Amendment and Fourteenth Amendment rights.

ACLU of Rhode Island attorney Richard A. Sinapi said, “Prohibiting the posting of political signs on residential property or requiring a permit before doing so is the exact opposite of free speech and is directly contrary to the free and open exchange of ideas and information essential for a democracy to exist. Political speech is at the core of the First Amendment, and the ordinance’s more favorable treatment of nonpolitical speech simply cannot withstand constitutional scrutiny. The danger to First Amendment values is especially great when a public official is given unbridled discretion to decide who may speak and who may not, particularly where political speech – expression essential to the functioning of a democracy – is involved.”

The lawsuit seeks a temporary restraining order and preliminary and permanent judgements against the town to restrain and enjoin it from interfering with DiPaola’s right to freedom of speech, a declaratory judgement that the town violated the First and Fourteenth Amendments of the United States Constitution, and an award of compensatory damages, punitive damages and an award of attorney’s fees and costs of litigation.

Town Administrator Richard A. Rainer Jr. did not immediately respond for comment.

“I have been the victim of selective enforcement and harassment by many town of Portsmouth officials. All I’ve wanted from day one is to be treated the same as everyone else, nothing more,” said DiPaola. “The rules apply to everyone equally, or none at all. I was left no other option!”

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