Hamilton County Superior Court 3 Judge William Hughes conducted a hearing on Thursday regarding the constitutional validity of a sign ordinance recently adopted by Hamilton County Commissioners.
Hughes
In February, Rick Sharp, a candidate for Hamilton County Council, filed a complaint for injunctive relief, indicating the ordinance violated his First Amendment right to free political speech. Sharp is represented by Westfield-based attorney Timothy Stoesz.
The ordinance in question prohibits signs, including candidate signage, from being placed in county-owned rights-of-way.
The commissioners say signs placed in rights-of-way present a safety concern, making it difficult for motorists to recognize regulatory signs and often block the vision of motorists.
In the suit Sharp says the commissioners make no showing of any public safety necessity and, even if they could, any alleged public safety concern does not outweigh the United States Constitution’s First Amendment right of free political speech enough to allow commissioners to restrict or regulate political speech.
During the hearing Hughes asked County Attorney Mike Howard to clarify the ordinance’s definition of a county-owned right-of-way, citing differences in state statute and definitions listed in the ordinance.
Sharp alleges the county’s definition may extend onto private property.
Hughes also questioned Howard on how the public can learn where and where not to place signs.
Carmel Clerk Treasurer and candidate for county council Christine Pauley addressed commissioners prior to their unanimous vote in February to approve the ordinance. Pauley told commissioners she feels there needs to be an effort to educate the community.
Commissioner Steve Dillinger told the Reporter he agrees with Pauley. “I think Christine makes a valid point, we do need to educate the public.” Dillinger suggested the county work in cooperation with the cities to create an educational meeting to explain the ordinance; however, no meetings have been scheduled.
The ordinance permits county employees to remove signs placed in county rights-of-way and subjects offenders to a $500 fine. During the hearing Hughes expressed concern over the county’s ability to arbitrarily prosecute offenders.
Commissioners announced on Friday they have scheduled a special meeting for 9 a.m. Tuesday in Conference Room 1a in the Hamilton County Judicial Center to discuss a sign ordinance.
Hughes took no action on Thursday, but a ruling could be expected as early as next week.