Expert: Michael Troy - 10/27/2007

Question
QUESTION: I have a question,  I am a public employee (A Fire Marshal) in a local (Township) Government.   We have an issue brewing at work.  Its election year and there are new candidates that are running for office.  The firefighters as a have endorsed a candidate who is not the incumbent in the election.   The harassment started last week with an e-mail telling all employees to remove bumper stickers and magnets off their personal vehicles for this new candidate off their vehicles when they are parked on Township property.   

We see this as a first amendment violation in the fact that they want all competitions political signage removed from our personal vehicles.   The firefighters got together and told the Trustees that we will not remove these stickers off of our personal vehicles. They are our vehicles and we will support the candidate of our choice  Their response was to issue a notice that we will be facing discipline if we do not remove these signs.  We have stood strong.  

They saw that they were losing this battle and decided  to walk into the parking lot and TAKE these signs off of our vehicles and they sent an e-mail saying that they indeed took them and for us to knock this shit off  or they were going to discipline us severely.   Our firefighters voted to press charges against the perpetrators for theft of personal property.  

We are waiting for the prosecutor to pick up charges against the perpetrators.  We have video showing them actually doing the theft of the signs and then laughing as they re enter the building.   

Our Township prosecutor has issued a ruling that basically says as long as we're not creating a diversion or distraction with the way we park or place our signs we are OK however they are still threatening action against the employees.  

At one local Halloween event one of the firefighters was in a public park and was wearing a t-shirt for this candidate.  He was told he was not allowed in the public park with that shirt on his back.  He responded that this is a public park and he is a public citizen at this moment.  The administrator said “we’ll see about that”!   

Can you give us guidance in this situation.  Please….

Thanks


Dale Fahrney




ANSWER: Hi Dale,

I am not allowed to provide specific legal advice is this forum, but I will say that generally speaking suppressing political expression, especially if it is targeted at people because of their choice of candidate, it usually a violation of the First Amendment.

You might want to consider contacting the local chapter of the ACLU for your area.

I hope this helps!
- Mike



---------- FOLLOW-UP ----------

QUESTION: Thanks Mike,  The ACLU is considering taking the case at this point.  They are now trying to say they are just keeping the playing field even and this is why they are not allowing signs.  Our County Prosecutor has sided with us saying signs are allowed as long as they do not create some type of distraction.  I guess my main question is can they tell us we cannot support a candidate just because we are public employees. ?

ANSWER: Courts have allowed governments to prevent public employees from expressing political beliefs while at work where it might give the appearance that they are using government power for political activities.  In a certain cases, public employees may be prevented from working on policital campaigns where such work creates an appearance of impropriety.  You can get an idea of the sorts of restrictions that can be made by looking at the federal laws for federal employees:

http://www.osc.gov/hatchact.htm

But tearing bumper stickers off private cars and making a ban when it seems clear that the reason is the support of the candidate in this case, sounds to me like it crosses the line.

- Mike



---------- FOLLOW-UP ----------

QUESTION: Mike, Thanks for your answer.  There is no campaigning or at all while on duty by any of the employees.  The only thing that's been done is the stickers on the vehicles.  It looks like the local prosecutor is not going to pick up the theft case against the administrator for taking the signs.  So our only real hope is the ACLU....  Thanks for your help in the matter.

Answer
Many employers can and do ban all political items from the workplace, including pins and t-shirts.  Bumper stickers might fall into that same category.  But there is less argument that they can be a distraction or disruption of work since they are only in the parking lot.  The real question is whether the rule was made in this case simply because of the candidate being supported.