{news} Placement of political signs prompts a cease & desist order for candidate

[David Bedell]

Placement of political signs prompts a cease & desist order for candidate

The Redding Pilot
October 7, 2004

by SUSAN WOLF
pilot at acorn-online.com

Political preference signs are beginning to crop up around town as the Nov.
2 election draws near. Signs on private property haven't been an issue, but
one candidate's signs on state public rights-of-way have become an issue.

Nancy Burton, the Green Party candidate for the 135th state House District
seat, has contacted the Connecticut Civil Liberties Union asking for its
legal assistance. Ms. Burton or her supporters had placed signs alongside
state highways, which Zoning Enforcement Officer Tom Gormley, at the behest
of the Zoning Commission, has taken down. Mr. Gormley also issued a cease
and desist order to Ms. Burton on Sept. 30 telling her not to place any
future signs on town property or in public rights-of-way and to remove any
signs that are in them.

In her letter to Mr. Gormley that same day, Ms. Burton said she was aware
that political signs were placed along Routes 107, 58 and 53, "all of which
are state highways, within what are believed to be state highway
rights-of-way. Please advise under what authority the town of Redding
regulates protected public expression on state property."

On Friday, Ms. Burton said it was her understanding that signs are
permissible on state-owned property. She said at the intersection of Routes
107 and 57, there are other signs still there. "As I'm looking around other
towns, I see other signs along the state highway," she said. Ms. Burton
plans to research the issue.  She added that if the signs are not
permissible, then the other, non-political signs should be removed as well.

There is one sign at the intersection of Routes 107 and 57 that is
permitted. The state has given Gail Brookover, who runs the Georgetown
Farmers Market, permission to place a sign in the green island there because
she is in the state's Adopt A Spot program. In exchange, Ms. Brookover
plants and maintains this green area.

On Tuesday, Chris Cooper, a spokesman for the state Department of
Transportation, said signs are prohibited in state rights-of-way because
they are a sight line hazard. The signs are taken down and stored at the
nearest maintenance facility, he said, so candidates' organizations may
retrieve them.

Ms. Burton was told, said Mr. Gormley, that she can have political signs of
any kind on personal property or on anyone else's personal property with
their permission. If a sign is along a state highway but appears to be on
private property. Mr. Gormley said he would not touch it. However, if the
sign is on a public green and is "obviously not on private prop-erty, I will
take it down," he said.

"My feeling is that anything within the town borders is within my
jurisdiction," said Mr. Gormley. He added that if a sign is considered a
safety hazard, regardless of where it is placed, he will take it down.

Frank Taylor, Zoning Commission chairman, said it "is entirely legal" for a
commu-nity to determine the location and the manner of display of signs. The
town can prohibit signs from town property, he said, adding signs are not
allowed within the highway rights-of-way, whether state or local.  Signs
also can't be placed on utility poles or trees, he said. "You can do
anything you want on your own property," Mr. Taylor said, but added that
individuals are asked to keep signs "a normal size." The main issue
regarding signs, he said, is that they do not cause a line of sight
impairment, which becomes a public safety issue.

According to the regulation, signs may not be put on trees or structures,
and are not allowed in public areas.

His commission does regulate the size of all kinds of signs in town, he
said. However, he added, "we don't regulate the content of signs."

If signs are placed on some-one's property without their per-mission, said
Mr. Taylor, the property owner may call the zoning officer and he will take
the signs down, or the owner may take them down himself.

The regulations, said Mr. Gormley, set the size (four square feet) and state
a reasonable number of signs may be placed on private property. "We've been
cautious about how we enforce it (the number of allowable signs)," he said.
The regulations also say that political signs may be put up 60 days in
advance, he said. No permit is required to place a temporary political
preference sign or signs. The regulation requires that these signs be
removed within two days after an election or referendum date.

Mr. Gormley said town counsel is looking at the town's regu-lations
regarding the political signs for "correctness."

On Tuesday, Ms. Burton said she has not yet heard from the Connecticut Civil
Liberties Union. "I am still looking into the legal issues," she added.