Thursday, August 5, 2021

Constitutional issues over political signs force special Council meeting

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The Lincoln City City Council will hold a special meeting Monday, Oct. 1, to vote on a staff recommendation to add a new signage chapter to the municipal code and declare an emergency to enforce immediate implementation.

The Ordinance proposes removing some content-based labels on types of temporary signs. The Council has received threats that certain content labels render the ordinance unconstitutional as it relates to political signs. Removal of such labels should clarify content neutrality.

An election is scheduled for Nov. 6, 2018. Challenges to City regulations concerning signage can be costly and unnecessarily distract from important city business.

The City Manager has been warned of possible sign litigation. To avoid unnecessary litigation the Council desires to clarify the content neutrality of sign regulations during election periods.

The Lincoln City Charter Chapter IX, Section 9.3, expressly authorizes the City Council to adopt an emergency ordinance for the immediate preservation of the public peace, health or safety upon making a statement declaring the basis of the emergency.

Council finds and determines that conditions in the City of Lincoln City are such that this Ordinance is necessary for the immediate preservation of the public peace, health, safety and welfare; an emergency is declared to exist, specifically because the impending election has resulted in threats of litigation over signage regulations. The immediate effectiveness of this ordinance will clarify content neutrality as regards election time signage. Therefore, pursuant to the City Charter, this ordinance shall be in full force and effect immediately upon passage and signature.

This post will be updated with comments, clarification

City of Lincoln City – Special Meeting

City of Lincoln City – Special Meeting

City of Lincoln City – Special Meeting

City of Lincoln City – Special Meeting

City of Lincoln City – Special Meeting

City of Lincoln City – Special Meeting

 

City of Lincoln City – Special Meeting

 

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Justin Wernerhttps://wernerhost.com/clients/
I'm publisher of Lincoln City Homepage. Also the web guy, photographer, cameraman, video editor, sportswriter, tech support, beat reporter, cat trainer and e-bike enthusiast.

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1 COMMENT

  1. It’s amazing that notifying the city of a sign ordinance that violates constitutionally protected freedoms of speech would be considered a threat. It’s also hard to understand how it can be declared an emergency by the city’s charter that states an emergency can be considered if it is for public peace, health, or safety.

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