NEENAH, WI (WTAQ-WLUK) – The city of Neenah is giving residents until February 8 to take down these signs opposing the rezoning of Shattuck Middle School. Residents who don’t could face more than just a citation.
“If the city of Neenah does not adjust their behavior and they do not withdraw these citations, then we will go to federal court and we’ll enforce the first amendment,” Wisconsin Institute for Law and Liberty Deputy Council Dan Lennington said.
Lennington said one resident contacted them about a potential lawsuit if the city continues asking them to remove the sign. Many who have the signs up won’t take them down without a fight.
“Our clients have said they are not taking their sign down,” Lennington said.
Lennington said the problem relates to a Supreme Court case from 2015, which prohibits the banning of signs based on content.
“The city of Neenah is relying on it’s ordinance which basically picks and chooses what sort of signs remain up and for how long,” Lennington said. “And it’s been almost eight years since the U.S. Supreme Court said that this is unconstitutional.”
City attorney David Rashid has defended the ordinance. In a email he wrote:
“Any such signs, regardless of their subject/content, if complained about (which these were) will be treated in like manner.”
He went on to add:
“Other such signs… complained about at the same time, also received notice of violation letters.”
Sign related ordinances aren’t unique. That’s according to the Wisconsin League of Municipalities Executive Director Jerry Deschane.
“It’s not unusual at all for a municipality, whether it’s a city or a village, to have an ordinance regulating the size and location restrictions on signage,” Deschane said. “That’s pretty typical.”
But Lennington said Neenah’s ordinance has a problem that should be changed.
“A garage sale sign, a political sign, a sign showing directions to a church- all those signs need to be treated identically according to the U.S. constitution,” Lennington said.
Many area residents like Jessica Williams still have their signs up after receiving the notice.
“The sign should be able to stay up because it’s not a done deal yet,” Williams said.
She said she wants her voice heard on the matter.
“There’s a school across from me, it’s gonna be a safe neighborhood, I’m a single female,” Williams said. “When you add in 100 apartments in a very small building, you’re going to add 500 plus cars, you’re potentially going to ask for a lot more potential crime. ”
The city ordinance allows portable signs in residential settings for up to 30 days within a 90 day period.
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