Council to revisit political sign limits

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by Laura Freeman

Reporter

Hudson -- Three years after an appeals court ruled the city's political sign laws unconstitutional, Council is considering introducing new political sign limitations.

A consultant has recommended the city limit temporary signs to 20 square feet total on most properties. The previous limit was eight square feet, but an appeals court ruled that limit was unconstitutional in a 2004 court case.

Communications Manager Jody Roberts said the city had contracted consultant, D. B. Hartt Inc., to make a recommendation regarding the sign limits, and those recommendations were put before Council July 8.

The city has paid about $1,300 of the contract with D. B. Hartt, estimated to eventually cost $4,500.

In addition to the 20-square-foot limit in most areas of Hudson, the proposal would limit temporary signs to 10 square feet per property in the downtown area and would allow 32 square feet per property in industrial and office-zoned areas in western and southern Hudson.

Assistant City Solicitor Todd Hunt said the 20-square-foot limit was determined based on speed limit sign size and lettering that allows visibility at different speeds.

"It's an additional 12 square feet [than previous ordinance] which can be on one sign or divided among several signs on a property," Hunt said. "The property owner could support several candidates and issues."

Council members July 8 discussed the proposal to limit temporary sign size, but no legislation has been created. Council could introduce legislation before the end of the year.

City Manager Anthony Bales said if legislation is proposed and passed, it wouldn't take effect until Jan. 1, 2009, and would not impact November's election season.

In 2005, the Fifth District Court of Appeals in Stark County ruled the city's sign code -- which at the time limited political signs to eight square feet -- unconstitutionally infringed on the First Amendment of the Constitution.

The ruling came after the city fined Karen Arshinkoff, wife of Summit County Republican leader Alex Arshinkoff, for displaying a 32-square-foot Bush-Cheney sign in front of her West Streetsboro Street home in October 2004. The American Civil Liberties Union of Ohio took the Arshinkoffs' case and won the appeal.

City Council decided not to contest the decision and instead consulted the city solicitor about new sign guidelines.

Hunt said the court didn't think eight square feet was enough, but didn't specify what was appropriate.

"Our only guidance is our own case where eight feet was not appropriate, even though the courts said six square feet was appropriate in the city of Green in 1995 in the Davis versus city of Green case," Hunt said.

E-mail: lfreeman@recordpub.com

Phone: 330-688-0088 ext. 3150