|
Dear Jim,
Free speech is an inalienable individual right that was dear to our Founders and continues to be a bulwark against tyranny. When government attempts to take away that right, they should be opposed!
Local business owner Barney McClanahan had his free speech muzzled by the City of Tumwater, and I want you to know that today we filed a lawsuit to defend his right to display political signs on his property. You can view KOMO 4's coverage of this dispute here.
We don't file lawsuits lightly. But after carefully reviewing the facts of this case, our General Counsel Mike Reitz recommended taking it on in order to advance our mission of advancing individual liberty. If Tumwater gets away with restricting the free speech rights of its citizens, other cities are likely to follow suit.
Defending citizens like Mr. McClanahan is exactly why we formed our Constitutional Law Center several years ago. Thanks to the support of thousands of members all across the state we can take actions like this to protect your rights today and in the future.
Mike prepared a brief video explaining this lawsuit for you. You can watch it at this link.
If you have any questions, please feel free to contact our office. I have also included a copy of our press release about this lawsuit filing below.
For Freedom,
Jonathan Bechtle, J.D.
Chief Executive Officer
Freedom Foundation (formerly Evergreen Freedom Foundation)
FOR IMMEDIATE RELEASE
August 11, 2011
Tumwater Man Sues City for Violation of Free Speech Rights
Lawsuit challenges Tumwater's ban on political signs in rights-of-way
OLYMPIA, Wash.-Does the government have the power to prohibit political speech on public property? Can a city tear down a person's political yard sign located on private property? These are issues in a free speech case filed today by the Freedom Foundation challenging the City of Tumwater and its total ban on signs located in any rights-of-way.
Barney McClanahan is a retired police officer and the owner of Tumwater Pawn Brokers. In May 2011, Mr. McClanahan placed a small yard sign in a grass lot in front of his business, about eight feet back from the sidewalk. His sign protested a controversial Thurston County ordinance aimed at protecting a small creature known as the Mazama pocket gopher. For years Mr. McClanahan has exercised his right to free speech by posting candidate and issue-related signs at his place of business.
While working on Saturday, June 11, Mr. McClanahan saw two City of Tumwater employees removing his sign. Mr. McClanahan confronted the Tumwater employees, who told him that a city regulation, Tumwater Municipal Code 18.44.080(I), bans all signs in public rights-of-way. The city workers insisted the right-of-way extended up on to Mr. McClanahan's lot.
The City of Tumwater actively removes signs located in street medians, parking strips, and along sidewalks. The problem? "It's about my voice-being able to express myself on my own property," McClanahan said. "They didn't just take my sign. They took my voice."
Mr. McClanahan contacted the Freedom Foundation for help. "Barney McClanahan was exercising free speech in its purest form," said Michael Reitz, McClanahan's attorney and general counsel of the Freedom Foundation. "The U.S. Constitution and the Washington State Constitution both provide expansive protection of speech in the town square. That protection is even broader for speech activities on private property."
When questioned, Tumwater's mayor and city attorney both stated that McClanahan was not allowed to express his views on the public property covered by the regulation.
"The Tumwater code has numerous constitutional flaws," Reitz said. "Free speech is a fundamental right, and commenting on government actions falls squarely within that right.
"A local government cannot place an outright ban on free speech. Cities are permitted to adopt minimal regulations, but only as long as those regulations advance a compelling interest. The Tumwater sign code is also vague-it prohibits signs in the right-of-way but does not define how far the right-of-way extends on any given street. A Tumwater department director admitted that this lack of clarity requires city workers to 'make some judgment calls' when enforcing the regulation.
"Tumwater can certainly promote safety and an attractive community, but the city can accomplish these goals through regulations that don't suppress political speech. The problem is the total prohibition on speech. Our constitution protects speech in the town square."
The lawsuit seeks an injunction prohibiting Tumwater from enforcing its ban on signs and an order declaring the sign code unconstitutional. "If we are successful, Tumwater's speech-free zones will be eliminated," Reitz said.
The case is McClanahan v. City of Tumwater. The complaint was filed today in Thurston County Superior Court.
The Freedom Foundation is a public policy organization that advances individual liberty, free enterprise, and limited, accountable government. The Foundation's Constitutional Law Center defends individuals from government violations of their constitutionally-protected rights.
Contact
Michael Reitz, General Counsel
Freedom Foundation
PO Box 552 | Olympia, WA 98507
(360) 956-3482 phone
(360) 352-1874 fax
###
|
Leave a comment