ALCU settles lawsuit challenging Pawtucket’s political sign ordinance

THE AMERICAN Civil Liberties Union of Rhode Island Inc. announced Tuesday a settlement has been reached in a lawsuit challenging a city ordinance that bans posting political signs on residential properties 30 days prior to an election.

PAWTUCKET – The American Civil Liberties Union of Rhode Island Inc. announced Tuesday a settlement of a lawsuit challenging a city ordinance that bans posting political signs on residential properties 30 days prior to an election.

The lawsuit was filed in July 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). ‎

The ACLU claimed 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.”‎

Under the agreement, the city is barred from “prohibiting the erection and/or display of political campaign signs, including but not limited to candidate campaign signs or issue signs, or from subjecting the posting of any such signs to durational limits” or “from imposing 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.”

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The city also agreed to pay $18,300 in attorneys’ fees and $500 each in compensatory damages to Stewart and Cruz. Both candidates indicated that they would donate their award of damages to the ACLU.

“The resolution of this lawsuit is a victory for free speech in Pawtucket. I hope Pawtucket – and every city and town in Rhode Island – takes this opportunity to review their laws and repeal those which are unconstitutional and undermine democracy,” Stewart said.

“This lawsuit was not just about signs, it was about a basic right of residents to freely express their political and electoral views,” Cruz said. “The settlement … reminds us that we must constantly fight against practices that negatively impact the lives of residents, including the denial of our most basic constitutional right – freedom of speech.”

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.

On July 27 the city paused enforcement of its ban, a day before U.S. District Court Judge Mary S. McElroy was going to consider the lawsuit.

City officials could not be immediately reached for comment Tuesday.

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