Wednesday, August 31, 2011

With No Recall Effort Under Way, Are Walker Recall Signs Legal? - Whitefish Bay, WI Patch

With No Recall Effort Under Way, Are Walker Recall Signs Legal? - Whitefish Bay, WI Patch

The ACLU says it is a matter of free speech, and any kind of ordinance prohibiting property owners from placing political signs on private property is clearly unconstitutional, in an article about the court case.

"The ACLU urges municipal officials to refrain from enforcing sign ordinances to restrict political expression and to repeal ordinances that limit this venerable form of speech," the ACLU writes in the article.

In Shorewood, Lang said she’s been instructed not to enforce what the state statute says because of the court ruling and said she wonders why the state hasn't changed the law yet.

Christopher Jaekels, who serves as village attorney for Whitefish Bay and Bayside, said he just informed both villages about a week ago not to enforce the state statute because of different court rulings, including the 2004 court case out of Pewaukee.

Government Accountability Board spokesperson Reid Magney said Walker recall signs wouldn't fall under any rule governing election signs because the recall process can't begin until early November.

"Anyone can display a 'I Support Walker' sign or a 'Recall Walker' sign legally," Magney said.

However, confusion still remains.

Wauwatosa officials are confused about the rules governing 'Recall Walker' signs, according to a recent WISN 12 article. The city decided not to take down Walker recall signs because they are temporary and not technically for an election, at least not yet, according to the article.

Meanwhile, Whitefish Bay police say they will remove political signs if they are in a public area like a park and will go talk to residents about political signs in private property if a complaint is filed.

Jaekels said he believes Whitefish Bay police are on the right track. While they don't absolutely enforce the removal of signs on private property, he said it's about being courteous to your neighbor, because no one wants to stare at a political sign year round.