Sharp says sign ordinance violates free political speech . . .
Rick Sharp, a former Carmel Council president and current candidate for an at-large seat on the Hamilton County Council, has filed a lawsuit in Hamilton County Superior Court 3 alleging a new ordinance passed by county commissioners violates his First Amendment right to free political speech.
Last week Hamilton County Commissioners unanimously passed an ordinance prohibiting the placement of signs in county-owned public right-of-ways. Commissioners cited public safety as the reason for the ordinance. Commissioners say placing signs in public right-of-ways makes it difficult for motorists to recognize regulatory signs which are necessary for safe travel and often block the vision of motorists at intersections.
In his complaint 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.
Sharp alleges he would suffer irreparable harm should the court not grant injunctive relief prohibiting the enforcement of the ordinance.
Sharp is asking Judge William Hughes to declare the ordinance void and to award him costs, expenses and attorney fees.
Sharp is represented by Westfield attorney Timothy Stoesz.