posted on Oct, 12 2010 @ 05:10 PM
Originally posted by Becoming
reply to post by fraterormus
I don't think there is a HOA problem here. If there was then he would be in a battle with them and not the city. Apparently he is having an issue
with a city ordinance.
I should have taken more time to read the original source more carefully than the comments in the Thread.
They weren't billboards either as they were only 2ftx1-1/2ft in size, so it wasn't a matter of federal law or a public nuisance issue either.
The public code in his municipality is indeed unconstitutional, plain and simple. Either all signs must require a permit without exception, or all
signs must be allowed regardless of their message. To discriminate when it does not violate a specific law (such as when it infringes upon another
person's rights through harassment, defamation, or invasion of privacy, or public nuisance), is simply wrong.
It's not unusual for Municipalities, States or even our own Federal Government to pass laws that are accidentally (
and sometimes knowingly...ahem,
Flag Protection Act) unconstitutional. There is no law that states that a government cannot draft, pass, and enact legislation and laws that are
unconstitutional. It is up to We the People to call them on it when they do and invoke the Judiciary Branch of our government to rectify the
injustice. That is part and parcel with the responsibilities of Freedom.
Sounds like this guy has done the correct thing. He has challenged the municipal law and his municipality will either have to modify the law to make
it constitutional or they will be looking at paying quite a bit of money in damages for having infringed upon his constitutional rights.