American Civil Liberties threatens to sue Botetourt County

By Abe Nelson

Published: March 24, 2008

The American Civil Liberties Union of Virginia is threatening legal action against Botetourt County if county officials don’t repeal an ordinance restricting campaign signs.

Provisions in the Botetourt ordinance are similar, in some ways, to provisions in an ordinance recently passed by the Manassas Park City Council.

Both ordinances restrict the time campaign signs can be placed on private property.

The Botetourt ordinance states that campaign signs cannot be posted 60 days before an election an must be removed within 15 days after the election.

Rebecca Glenberg, legal director ACLU of Virginia, said the time limit violates the free speech clause of the First Amendment.

The Manassas Park ordinance states that signs must be removed 14 days after the election, but makes no mention of how soon before elections the signs can be placed on private property.

Manassas Park City Attorney Dean Crowhurst said he doesn’t think the Manassas Park ordinance is similar enough to the Botetourt ordinance to be subject to legal action.

“The Botetourt ordinance has to do with the restriction on the amount of time prior to an election, they can have signs up,” Crowhurst said. “I looked at their ordinance and I did not see anything that would indicate that our ordinance would be unconstitutional.”

Crowhurst said there are “time, place and manner restrictions that — if they’re reasonable — can be placed on these signs.”

The “reasonable” restrictions apply to signs in placre after an election, Crowhurst said.

“I think as long as there are no restriction prior to an election, we’re okay,” Crowhurst said.

Glenberg said Manassas Park’s 14 day provision could be problematic.

“The basic principle is the same in that people should be allowed to engage in political speech on their own private property at any time that they choose,” Glenberg said.

The passing of time should not be cause for mandatory sign removal, since election results may not diminish someone’s desire to exercise their free speech, Glenberg said.

The ACLU of Virginia would have to study the Manassas Park ordinance before considering a lawsuit, Glenberg said.

Keith Walker can be reached at 703-369-6751.