Cops tell resident to ditch (No on 8) sign

[Newsjock]

Source: Palo Alto Daily Post

By Diana Diamond
Daily News Associate Editor

Two police officers knocked on the door of a Menlo Park resident yesterday morning and told her to remove her yard sign against Prop. 8, the same-sex marriage ban.

Teresa Ryals told the Post that the officers were "very apologetic" but said the sign on Central Avenue must be removed immediately.

Police were acting on a complaint received by the office of City Manager Glenn Rojas. An anonymous caller complained the sign, which said "Vote no on Proposition 8 -- it's unfair and wrong," was still standing in the Ryals' yard two months after the election.

The officers visited two other homes in the Central and Laurel neighborhood, also asking that their signs be taken down, according to Menlo Park Police spokeswoman Nicole Acker. ... Acker did not know if the code section had been enforced after previous elections.

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[Ichingcarpenter]

1. We have rules in our California town too

that prohibit lawn signs after an election.

I don't see a problem with it. Nothing about my anti-8 bumbersticker though.

[awoke_in_2003]

10. Agree...

as long as they are doing the same to the asshats that still have "Yes on 8" signs up.

[Ichingcarpenter]

12. I complained to my board on a pro-8 yardsign still up 4 weeks after

It pissed me off every time I walked my dog past it. It was down the next day.

[Lint Head]

2. I'm going to put any damn sign I want in my yard and will sue anybody

that tells me to remove it. I know several lawyers that would sue for the publicity and screw the money. It's time time fight for our rights to speak freely. To hell with the people that hate the Constitution!

[Newsjock]

3. Exactly

And the moment one heads south of San Jose, it seems like every field or giant ranch house yard still has a big honkin' McCAIN-PALIN sign in it, still there as of last week.

I'll bet nobody tells them to take the signs down ... and lives to tell about it.

[norepubsin08]

18. I won a case like that against the City of Tacoma

it's called Collier-vs-City of Tacoma 1990, 1993 Washington State unanimous Supreme Court ruling invalidating all municipal electoral sign laws. Peace Mike Collier

[RufusTFirefly]

28. Thank you, Mike!

Many of us take the First Amendment for granted. It's not everyone who is willing to go to court to fight for it.

[mainegreen]

31. Nicely done!

[LeftyMom]

4. My complex manager told me to take mine down.

There's nothing in my lease about it. I checked. She also didn't mention my Obama sign, which was also still up.

Normally I'd make a stink, but I really can't afford to move right now, so I have to play nice with the crazy apartment manager of the month. Knowing the turnover here, she'll be gone by spring.

[Newsjock]

6. My resident property manager gave to Yes on 8

Which I discovered when I did a ZIP-code search on the database. So now I'm in this dilemma of knowing that my rent money goes in part to a bigot, but moving is such a pain in the rear.

I know it's illegal to discriminate in housing based on sexual orientation, but I wonder if I'd magically find myself kicked out "for cause" the first time I had a nice guy over for the night.

I should be so lucky on that last point!

[ZombieHorde]

5. If Teresa Ryals wanted to be extreme about it, she could paint it on her house.

[LiberalFighter]

8. Or post it inside in a window

[ZombieHorde]

9. Your idea is definitely less expensive than mine.

[LiberalFighter]

25. That is what some of supporters during 2008 and 2007 did when they belong to Associations.

Or to avoid having their sign stolen again from their yard.

[The Brethren]

7. I don't understand why towns/cities even have laws

prohibiting how long you can keep a political sign on your lawn. It is after all your property which you paid for, most likely costing a lot, plus home owners insurance, and yearly taxes on. But because of some nosey neighbor you have to be careful how long you leave your sign up or the police may pay you a visit. That is asinine.

I realize that many towns/cities have "visual nuisance" laws, but this should be about freedom of speech. And i wouldn't be surprised if the person who made the complaint wasn't a bigot who couldn't stand seeing the sign any further.

Thanks Newsjock for the information.

[norepubsin08]

19. Research Collier-vs-Tacoma

I ran in 1990 from the left against a DINO US Congress critter. The only way I could get my name out was through the use of yard signs. The city came to these people told to get their signs out of the yards and out of their windows or face criminal penalties. We sued and won in a Washington State Supreme Court 1993 decision invalidating all municipal electoral sign codes regarding time and place on private property. Peace Mike Collier if you need more info: [e-mail]

[Nevernose]

20. The laws exist for public spaces

In a lot of communities, the only place to put signs is vacant lots, telephone polls, that sort of thing. When the race is over, thousands of signs are still up all over town with no one to take them down.

[norepubsin08]

11. Check Collier-vs-City ofTacoma

In 1990 I ran for US Congress from the left against an entrenched opponent...my cheapest means to getting name familiarity was through the use of yard signs. We put them in spite of a city of Tacoma ordinance that only allowed signs up for 60 days before and 30 days after an election on private property. The city came to people told them to get their signs off the lawn and out of the windows or face criminal legal penalties. We took the city to the Washington State Supreme Court and got the sign laws overturned in the State of Washington. It is one of the text cases dealing with election sign law. We won on the fact that political speech is protected above all other forms of speech. Realtors were allowed to keep their signs up on houses all year long. Either they had to take the signs down or we needed to be allowed to keep our up. If you want more information please contact me..it was my case...my email is [e-mail] Peace Mike Collier

[BuddhaGirl]

13. the homeowner should just put up a more general sign

like, "I support Gay Marriage" or something similar. Doesn't have to be election related!

[norepubsin08]

16. Doesn't matter

research Collier-vs-Tacoma 1993 Washington State Supreme Court it's unanimous opinion holds with other national rulings regarding election sign law. Peace Mike Collier

[Politicalboi]

14. If it's their yard

They should be able to have it there right with the plastic lawn ornaments. If it were me I would copy more of them and put them in every window that faces the street. Or better yet make a huge banner and place it on the roof. I'd tell them my roof leaked and I need it to deflect the water.

[Hepburn]

26. So, how about a lawn ornament with a "No on 8" sticker on it?

Works for me!

[buckrogers1965]

15. Unconstitutional

It is against the law to restrict freedom of speech in any way. If this is their property then they should be allowed to have any sign they want up for as long as they like.

[norepubsin08]

17. I won a case like that

Collier-vs-Tacoma 1990, 1993 Washington State Supreme won a unanimous decision in the WA Supreme Court invalidating municipal election sign laws.

[Nevernose]

21. It's can mean it IS or it WAS

If it's "was," then it's not a campaign sign, it's (it is) simple political speech. Granted, it's simple political speech in the present tense, too, but an easier win if it's in the past tense.

[AlbertCat]

22. No Problamo

Just remove the "vote" part. A sign pointing out the hate of Prop 8 has nothing to do with elections. Just smile, take down the "Vote no" sign and erect a HUGE sign about how vile Prop 8 is.

[Elidor]

23. If only someone had challenged a law like this

And established a precedent.

[norepubsin08]

24. I did check Collier-vs-Tacoma WA Supreme Court 1993

I won a unanimous decision against the City of Tacoma invalidating all time restriction on political yard signs on private property in the State of Washington it is used as a textbook case in some law schools. I was a 32 yr old unknown running against an entrenched war mongering DINO. The professionals said I would only get about 10% of the primary vote...I vote 42% we made this guy change his vote on funding the School of the America's. I got known thorough my yard sign case...it brought together both Libertarians and also the civil liberties crowd.-Peace-Mike Collier

[mikelgb]

27. there are still fucking Yes on 8 signs all over the fucking polls in Fullerton

way to high to not have been place by a ladder or something

[jschwarz]

29. Supreme Court Case

A Federal case that was upheld by the Supreme Court seems to be relevant. In Ladue v. Gilleo the supreme court ruled (see http://law.jrank.org/pages/12691/Ladue-v-Gilleo.html ) that an ordinance banning lawn signs (almost) entirely was unconstitutional.

The relevant part of the Menlo Park Municipal code (8.44.050) says in part

All election signs must be removed within seven (7) calendar days after the election to which they pertain. (Ord. 890 § 1 (part), 1999: Ord. 877 § 1 (part), 1996).

I'm not a lawyer, but I don't see how that can stand in view of Ladue v Gilleo

[Taverner]

30. Mine is still hanging in my window

And will stay there until my GLBT brethren can marry