I was flipping channels on Wednesday night and happened upon the Village of Deerfield Board Meeting. I wouldn’t usually stick very long on that unless I was having trouble sleeping, but I saw Village of Deerfield Trustee Michelle Feldman passionately discussing the adverse effects on local businesses of a proposed commercial sign ordinance. She had visited 40 businesses that afternoon asking the owners if they knew about the ordinance, understood its requirements and felt that it would increase their business.
The ordinance limits the size and types of signs local businesses can display in their windows. Neon signs would be prohibited, temporary signs could not exceed 10 percent of a window and permanent signs could not exceed 15 percent. Village Trustees favoring the ordinance cite aesthetics for the proposed new rules. Letters about the ordinance were sent to local businesses, but Trustee Feldman found in her research that many local business owners were not aware of the ordinance or did not understand how it would affect them. Many Deerfield businesses feel that effective signage is essential to identify their stores and to inform customers of sales and special events. Deerfield residents need to be concerned about additional limits placed on local businesses because the village has had vacancy issues in some of its strip malls including several current vacancies at Lake Cook Plaza and Cadwell Corners (named for original settler
Jacob B. Cadwell circa 1835) in which it took several years to replace its lost anchor tenants.
As a Deerfield resident, I am concerned about local businesses and the aesthetics of our community. As an attorney and political activist, I am also concerned with the constitutionality of our local sign laws. Limits on temporary signage could affect the ability of these business owners to place political signs in their windows limiting their ability to exercise their free speech. This proposed ordinance limits temporary signage, which could include political signs, to 10 percent of a window.
Article 9 of the current zoning ordinance specifically affects political signs. Under current Article 9, political signs cannot be displayed for more than 30 days prior to an election and must be removed within 7 days following. Other types of signs in Deerfield such as construction, quasi-public and temporary business signs are also subject to timing restrictions under the ordinance.
The courts strictly scrutinize laws affecting political speech because they affect First Amendment free speech rights. Strict scrutiny of a law generally means that the law must serve a compelling government interest and not just a preference, be narrowly drawn to achieve that interest and use the least restrict means to satisfy the interest. Courts judging the constitutionality of laws affecting political signage have started their analysis by first determining whether the sign law is content-based or content neutral. Laws based on content are most strictly construed. If a law for purposes of aesthetics places a restriction on political signs, but not on other temporary signs, it may be unconstitutional because aesthetics is not a compelling interest when applied to political signs and not others types of signs.
McCormack v. Township of Clinton, 872 F.Supp. at 1325-26;
Whitton v. City of Gladstone, 54 F.3d 1400 (8th Cir. 1995). In
McCormack and
Whitton, the subject laws imposed time limits on political signs, but not on other types of temporary signs such as signs advertising yard sales, festivities and other events, or the sale of property. In an Illinois case,
City of Waterloo v. Markham, 234 Ill. App. 3d 744, 600 N.E.2d 1320, 175 Ill. Dec. 862 (5th Dist. 1992), a law placing time limits on all temporary signs was upheld because it regulated all temporary signs, not signs displaying one particular type of speech. In another more recent Illinois case, however,
Christensen v. City of Wheaton, 2000 WL 204225 (N.D. Ill. 2000), a 30-day restriction on temporary signs, including political signs, was struck down because the law contained more lenient rules for other commercial signs, so the court determined it was invalid for lack of content-neutrality.
The proposed Deerfield law seems content-neutral limiting the size of all temporary signs. However, as part of the greater sign ordinance, there could be an issue because the rules for political signs are different than the rules for other types of signs. True, not all the restrictions are reserved for political signs. Construction signs, arguably having greater safety concerns attached, get 60 days, but have to be removed within 2 days after completion. Quasi-public signs for events and such, help wanted signs and temporary business signs get 30 days and have to be removed immediately. However, there are signs not specifically mentioned that have no such restrictions.
I don’t love those huge and numerous parkway signs all over the place or the old post-election signs any more than anyone else, but for simple residential yard signs, I would like to see the 30 days for political signs extended to match adjoining towns like Highland Park that have no such pre-election restrictions and make Deerfieldians feel less politically engaged than their neighbors and look like they have no political voice during some of the most important weeks before an election. I know a lot of folks will disagree because they think the yard signs make the neighborhoods look bad, but I hope they remember that political speech is not the same thing as commercial speech. Political speech is the most important speech we have and has to be more fervently protected in these times when
teachers are dismissed for discussing Iraq war protests,
protests are limited to isolated, unseen free speech zones,
a person can be arrested for wearing an anti-Bush t-shirt or
given a traffic ticket for sporting an anti-Bush bumper sticker, and homeowners associations can forbid a
peace symbol on a wreath or
a home decoration containing a message of disapproval of Bush. I only hope the Village Board takes constitutional issues into consideration as it works to modify its sign restrictions.
As for the commercial aspect of the proposed sign law, I applaud Trustee Feldman for doing her research and talking to local business owners rather than relying that one form letter would explain the law and give them a chance to speak before the Board. The Village should work with and not against our local businesses on the commercial aspects of the sign laws. We don’t want to lose them for lack of understanding and explanation. If you are interested in Deerfield’s sign laws, you may want to attend the Board Meeting on December 18th at 7:30pm. The proposed change is up for a vote at that meeting.