Wednesday, Aug. 6, 2008
During high-intensity election seasons, the front yard of Town of Chevy Chase residents Susan and Willie Blacklow is festooned with signs boosting local and national Democratic candidates.
"We've never had an election where we didn't have lawn signs," said Willie Blacklow, who is a retired Democratic campaign official and staffer.
Right now, their lawn on Oakridge Avenue is decidedly minimalist in its electioneering, with only a rectangular "Obama 08" sign stuck near the road. But according to the letter of the law, the Blacklows have jumped the gun.
A town ordinance governing political campaign signs states that they "may be posted on private property thirty (30) days prior to election and must be removed within seven (7) days after the election for which intended."
The town is one of several across the state, including Chevy Chase Village, that have placed restrictions on the amount of time political signs for elections can stay on private property.
Chevy Chase Village code allows political signs to stay out for up to 60 days prior to an election on private property, up to 30 days prior within the public right-of-way, and up to seven days after an election.
Following a U.S. District Court ruling earlier this year on a similar case in Baltimore County, however, both jurisdictions could revisit their restrictions.
"We definitely want to make sure our ordinances are consistent with constitutional rulings, especially in the state of Maryland," said Town of Chevy Chase Mayor Kathy Strom, who said a "revised" ordinance related to political signs could be introduced by the Town Council in the fall.
"We're not going to be enforcing any aspect of our ordinance that may be unconstitutional," said Douglas Kamerow, chairman of the Board of Managers for Chevy Chase Village. "We obviously need to update our regulations."
In March, U.S. District Court Judge Catherine Blake ruled that time limitations on political signs on private property in Baltimore County represented an unconstitutional restriction on protected political speech.
David Podolsky, the attorney for both the Town of Chevy Chase and Chevy Chase Village, said there are a few possible reasons the ordinances could have been put on the books.
"When you have a plethora of signs in a yard, drivers of vehicles may look at those signs, trying to sort out what they say. When their eyes are focused on the signs, they're not focused on the road," he said.
Podolsky added that he had not dealt with a lot of complaints related to these ordinances.
Dan Citrin, a 15-year resident of the Town of Chevy Chase, said he wasn't particularly bothered by political signs on front lawns, and that the signs usually don't affect election results anyway.
"Certainly if someone had 20 different signs on their lawn and they stayed there for six months it would be irritating," Citrin said.
ACLU Maryland spokesperson Meredith Curtis said the group has sent letters to towns and counties with time limitations on political signs asking them to consider the unconstitutionality of such provisions.
"We've received lots of feedback from town and counties across the state and most have been very reform-minded and understanding," she said.
Susan Blacklow said she's happy to see political signs around town, because it means her neighbors are invested in the political process.
Although they said they would complain to the mayor if they were told to take down political signs, Willie Blacklow said even his wife's election-season enthusiasm wanes. Eventually he is informed that the signs must be retired from the yard.
"Eventually, she orders me out," he said, laughing.
