Expert: Michael Troy - 11/4/2010

Question
During the election Nov 2, 2010, the zoning administrator of Howell Michigan told candidates outside the polling place that they could not have a sign on the outside of their car.  They said holding the sign was ok, but if the sign was stuck in the window, for example, it would be against the law, and they would put me in jail for displaying it.  The sign simply was a small candidate yard sign sized sign.
The zoning administrator kept saying "It's on public property and is not allowed".  

Question-  if it's attached to MY car- in a parking lot, is that public property? I own my car, they don't.  Can they ban political signs on a car in public during the election?  It's not within the 100 foot zone by the door- it' outside that.   Last question- does it matter than the public property was actually property of the intermediate school district, not the city?   

I feel strongly that this ordinance is a violation of the first amendment. I can't have my candidate sign, what if I wanted a 4 X 8 foot sign critical of the city council- calling them anti-free speech communists-- and put it up  on the back of my pickup truck?  Could they ban that as well, and have me arrested for violating the sign ordinance???   This has GOT to be protected free speech under the 1st Amendment!   

Citation: www.cityofhowell.org/.../Signage%20-%20Article%207%20_February%202010.pdf

Answer
Hi Jim,

Content based bans are typically suspect.  However, courts tend to give more latitude in election campaigning.  If the ban was simply on campaign sighs an not all signs, It would certainly seem questionable to me (although I cannot really provide definitive legal advice in this forum).

My advice would be to speak with an attorney.  Since this raises serious First Amendment issues, you may want to contact the local chapter of your ACLU to see if they are interested in providing free legal assistance in such a case.

- Mike