Fort Wayne City Councilman Sam Talarico, Jr. has decided to cross party lines and support Democrat Tom Henry for mayor. Interesting, but I will defend his right to do so until they toss the great Indiana clay onto my casket.Republican Talarico has placed a "Republican For Henry" bumper sticker right in the middle, of the back, of his large S-U-V. He decided to place it where everyone WILL SEE IT! See, that is a right when you live in the United States of America.
Talarico said he had to think about the future for his three children over being loyal to the Republican Party. He believed his support of Henry would aid in his children having a better place to live. Great belief and there is no problem with it!
Here comes the famous "BUT"
Mr. Talarico is an attorney, who I would guess is considered darn good at what he does. Nowhere in his legal profile does it state he is a constitutional lawyer. He does not practice in the area of protecting the rights of the people, when dealing with our constitution.
Freedom of the speech is a well guarded right that our Supreme Court has ruled on many many many times. The courts have ruled that government cannot seize the right of freedom of speech because they happen not to like something.
Mr. Talarico, along with fellow attorney Councilman Tim Pape, could not resist stripping your right of free speech. However, that freedom would be fully restored if you are willing to pay for it. See, free speech does come at a price!
Mr. Talarico and Mr. Pape could have asked or required the City Attorney to get an opinion from the Indiana Attorney General before the passage of the sign ordinance. So simple, but just not enough time!
Read the exemptions that in the law they passed. Read sub part "B"
§ 99.026 EXEMPTIONS
The following are exempt from the provisions of this section:
A. Signs authorized through any federal or state statute;
B. Signs on otherwise Public Land placed by persons with authority to do so under encroachment agreements, waivers or licenses
authorized through the City’s Department of Public Works.
It simply means THE GOVERNMENT WILL DECIDE where you can place a sign, what that sign says, and how much you will pay for it. Right on Your Public Land!
The City also included text that they can grab signs, destroy them and not even have to tell you they did it. Gosh, is the United States or what? Then again if they grab a sign of some political person they don't like they can't be held accountable. Is this the American Way?
I cannot believe that Talarico believes this has a snowball's chance in ?ell of surviving a federal court challenge. My guess is, if the ACLU filed a suit the city would agree before trail to remove this from the law. Hence, the law they wasted hundreds on hours on discussing and so forth would become mute.
Mr. Talarico, tell me I am wrong and base it on fact. Have the city attorney find the court case that backs this law up, so people like me shut up. Tell me how the City of Fort Wayne can take a right from me but I can have it back if I pay someone and/or get permission from government.
I will be waiting, but not holding my breath!
This is the link to the new sign ordinance:
http://www.cityoffortwayne.org/images/stories/clerk/files/ordinances/Signs%20in%20Right-of-Way%20Ordinance.pdf
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2 comments:
You bring up some interesting points, especially about the bus huts. I wonder what the "exceptions" are intended for?
I do have to say that I am not a fan of the "we buy junk cars" types of signs that have popped up all over the city. Our public Right-of-Way shouldn't be one giant billboard that everyone uses to advertise at their leisure. Freedom of Speech isn't an issue if the ordinance advances the public interest (i.e safety, etc.) and it applies to everyone.
But as you pointed out, this ordinance has exceptions, so you're right to raise questions.
I hat the "we buy houses" & "we buy junk cars" and a few others. They are pure trash.
Many of those are posted on utlitily polls. That has been illegal for more years then I know. They can be removed under reasons of safe use.
State law also states no signs can be attached to any state pole. Be it a speed sign, information, and so forth. That has been around for decades.
The only signs that reamin are free standing. My guess is 95% of them are put up and then removed.
Someone should tell John Crawford that photos of his huge signs setting in rightaway areas are going to get posted here as soon. Someone up on the Northeast side of town emailed me about them. I told them to send me photos.
I try to use FACTS in presenting information here. So, just by taking someone's word would put that at risk. If I make a mistake I will admitt it and correct it.
Take care and thanks for writing. Feel free to post anytime.
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