PAWTUCKET – The city on July 27 paused enforcement of its ban on political signs on residential properties more than 30 days before an election.
The response came a day before U.S. District Court Judge Mary S. McElroy was going to consider a lawsuit brought by the American Civil Liberties Union of Rhode Island Inc. seeking a temporary restraining order against the ordinance.
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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).
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.”
“We are very pleased that the City readily acceded to entry of a restraining order allowing candidates to post signs throughout this election season,” said Steven Brown, executive director of American Civil Liberties Union of Rhode Island Inc., in an email to PBN. “Our plaintiffs are also gratified that they can move forward, as yard signs are a particularly important way for nonincumbents to get their name and their message out to the community inexpensively and effectively.”
In early July, after Stewart had placed more than 30 candidate signs at supporters’ homes, she was notified by City Registrar Kenneth R. McGill that he would refer the matter to zoning officials and residents could face possible fines.
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.
Emily Rizzo, a spokesperson for the mayor’s office, confirmed the pause on the ordinance has been willingly granted and the City Council will review the matter.
City Solicitor Frank J. Milos could not be reached for comment.
