News Release 2002-7
July 18, 2002
PROSECUTOR SAYS TIME LIMIT IN SIGN LAW "UNENFORCEABLE"
"The time limit regarding putting up political signs is not enforceable," said San Juan County Prosecutor Randall K. Gaylord. Gaylord was responding to questions his office has been receiving concerning political signs.
The County code imposes three limitations on political signs:
"The 45-day limitation is invalid and we will not enforce it," said Gaylord. The issue of a time limit was squarely before the Washington State Supreme Court in 1993. The Court said the principles of free speech outweigh the municipality’s interest in protecting the aesthetics of the neighborhood or traffic safety. "We will recommend that the time limitation be removed at the next revision of the code," added Gaylord.
"Two other restrictions are not affected by the 1993 decision," said Gaylord. Under the County code, political signs are limited in size to six square feet in area. The 1993 Court decision confirms that aesthetics and traffic safety provide a sufficient interest to restrict the size of political signs. "The County expects all candidates who plan to post signs in the County to voluntarily adhere to the size restriction," said Gaylord.
Finally, the County code requires political signs to be removed within 72 hours after the election. "Once the campaign is over, the concerns for aesthetics prevail over the free speech rights," added Gaylord.