A federal judge struck down yesterday Baltimore County regulations on political campaign signs in yards, saying the law violated the right to freedom of speech.
The ruling could affect laws in other parts of the Baltimore region, where many local governments have restrictions similar to those passed by the Baltimore County Council in December.
U.S. District Judge Catherine C. Blake sided with the American Civil Liberties Union of Maryland, which filed a lawsuit against Baltimore County after council members passed a law restricting when official campaign signs can be displayed on residential properties.
"I'm not suggesting that Baltimore County is attempting to restrict a certain viewpoint," Blake said during a hearing in U.S. District Court in Baltimore. But she found that the county's law violated free-speech rights because it is based on the content of a sign.
The law applies only to signs of officially filed political campaigns.
"A political sign is an important method of expressing support for a candidate," said Blake, adding that there was significant visual effect gained by seeing "rows and rows" of signs in people's yards for one candidate or another.
The county regulations prohibit residents from exhibiting campaign signs on private property earlier than 45 days before a primary election. Violators face a potential $500 fine.
The regulations also require unsuccessful candidates in primary elections to remove their campaign signs within seven days after the polls close, and all candidates to remove their signs seven days after the general election.
James J. Nolan Jr., an assistant Baltimore County attorney, said the law was designed to reduce the visual clutter and driving hazards caused by campaign signs on lawns long before and after elections.
Nolan argued during yesterday's hearing that the law doesn't prevent individuals from displaying any kind of sign they wanted containing a political message because it applies only to official campaigns.
"We're not trying to govern anyone's speech," he said.
Nolan said he did not know whether the county would appeal Blake's ruling. The judge will later write her opinion, which must be reviewed, Nolan said.
ACLU attorney Deborah A. Jeon said the organization plans to write letters to officials in jurisdictions that have regulations on political signs similar to Baltimore County's.
Blake's ruling "should have impact," Jeon said.
Many local governments in Maryland have restrictions on campaign signs on the books, she said. But, she added, "It's unclear how many of them are being enforced."
The ACLU filed the lawsuit in February on behalf of three former candidates and four county residents who wished to place political signs in their yards.
Clarence W. Bell Jr., a Pikesville resident who ran for county executive as a Republican last year, suggested after the County Council passed the law that it be called the "incumbent protection act," saying current officeholders are the ones who stand to benefit from the rules.
ACLU attorneys also argued that political signs reflect the messages of candidates and those who display them.
Zeno B. Baucus, a Washington attorney who argued the ACLU's case yesterday, said the county had undercut its argument that the law was intended to reduce visual clutter and improve traffic safety by not applying it to all signs, regardless of their message or who produced them.
County officials had deleted most of the restrictions on political signs nearly a decade ago to forestall a federal court challenge to a former sign law.
A gubernatorial candidate filed a lawsuit against the county in federal court in 1998 after a supporter was told to remove a campaign sign from his yard. A federal judge ruled preliminarily against the county, saying it couldn't regulate signs based on content, according to articles in The Sun at the time.
laura.barnhardt@baltsun.com
Campaign sign legislation in the Baltimore area
Baltimore County's struck-down law: Prohibits residents from exhibiting campaign signs on private property earlier than 45 days before a primary election.
Unsuccessful candidates in primary elections must remove their campaign signs within seven days after the polls close. And all candidates must remove their signs seven days after the general election.
Violations include a potential $500 fine.
Baltimore City: No campaign signs can be displayed until the day when candidates can no longer withdraw from a race.
Campaigns must remove the signs within 30 days after the election.
City Council also passed a measure in May that limits the size of political signs to 16 square feet in residential areas.
Anne Arundel County: Signs must be taken down within a week after an election.
Primary winners can keep signs up until the conclusion of the general election.
Carroll County: Exempts campaign signs from its zoning ordinances concerning the placement of yard signs.
Harford County: No signs can be erected more than 45 days before an election. Unsuccessful candidates in the primary election must remove signs within 15 days after a primary.
All signs must be removed within 15 days after the general election.
No fine for delay in removing signs
Howard County: Signs cannot go up until 60 days before the election. They must be no larger than 9 square feet in residential areas. But nearly all of the 10 villages in Columbia have slightly different rules about campaign signs.
Sources: Officials in Baltimore City and Anne Arundel, Baltimore, Carroll, Howard and Harford counties