ACLU vs Fort Wayne City Council Coming Soon????

While the Fort Wayne City Council ram rods more laws onto the citizens of Fort Wayne there may be the ACLU waiting in the wings to stop their latest attempt. The Council apparently is ready to trample on the rights of people's first amendment right of free political speech. This relates to their pending passing of a sign ordnance.

While the government owns the streets that have been dedicated to the city but they do not own areas they now wish to control. Property owners only need to look at the legal description of most properties and it may include a "easement" or "right a way" for things like walk ways, utilities to be run, or access paths to said utilities. The property owners are still paying taxes on these areas and legally responsible for their upkeep. The property owner is limited in use of said areas as to not to impair the use as stated for the "easement" or "right a way." The "easement" or "right a way" does not legally provide the government to do anything they wish with the property. The scope of use is limited.

The US Supreme court has weighed in on the issue of political signs many times. It appears the courts agree that a time limit can be set as to posting signs before an election and when they must be removed. The courts additionally agree that a local government can limit the number of signs on a given property.

The City Council and Mayor can make it illegal to attach any sign to a post, telephone pole or other structure a public utility owns or the government. This could be done for safety reasons, access to use and possibility reducing the integrity of said property.

Every person in Fort Wayne finds it distasteful our intersections are cluttered with signs. Most are upset with the signs that stay for weeks, months and some cases years. Few are offended by signs that show up for a garage sale and then are removed. Few are offended by signs for a special church event that show up and then are quickly removed. Few are offended by a single sign for a candidate that appears a short period before an election and are removed within a day or so after the election.

The City Council and the Mayor should slow down and work this issue through. Otherwise they may be spending tax payers money to defend themselves in federal court.