Friday, January 23, 2004

Fayetteville to retailer: Take down your God Bless America sign

By JOHN MUNFORD
jmunford@TheCitizenNews.com

“God Bless America.”

A strong sign of public sentiment or an illegal sign?

In Fayetteville, it’s both — at least temporarily — after a citation was issued this week against Crumpton’s Furniture, which has displayed those words on a 90-foot banner since the terrorist attacks of Sept. 11, 2001. The store violated the city’s sign ordinance because banners are only allowed for a maximum of 60 days a year, officials said.

A possible solution is in the works, however, as city officials determined Thursday afternoon that Crumpton’s does not have the two permanent signs it is allowed under the city ordinance.

“They do not have a ground sign,” said Fayetteville City Manager Joe Morton. “He is entitled to two signs.”

Morton suggested a variance could be used to allow the “God Bless America” sign to stay up. Although that decision would be left up to the City Council, city staff will research the issue and make a formal recommendation, Morton added.

“We certainly will look at it,” Morton said.

Crumpton said he was very pleased with his meeting with Morton.

“He said, ‘We want to work it out to where it’s good for the City of Fayetteville and Crumpton’s furniture,’” Crumpton said late Thursday afternoon.

“That is a star in Fayetteville’s cap,” Crumpton said. “I knew that all along.”

Crumpton admitted he lost sight of that comfort zone when he got the citation earlier this week with a court date of March 15 at 11 a.m.; according to city ordinances, he could face a fine of up to $1,000 a day or, perhaps, jail time.

Morton said the city is bound by a Supreme Court ruling over two years ago that said cities could not regulate the content of signs.

“We have to be basically oblivious to that,” Morton said, referring to the spiritual and patriotic message on the sign. “The only thing we can do is regulate the size and number of signs. … The Supreme Court decision was that it (the city’s sign ordinance) had to be content-neutral.

“We don’t tell anybody what you can or cannot put on a sign,” Morton added.

So roughly two years ago, “we stripped everything out” of the city’s sign ordinance that referred to content, Morton added.

“We have gone to great strides with our sign ordinance,” Morton said. “Our sign ordinance is probably one of the model ordinances in the Atlanta area.

The city allows the use of banners as temporary signs, which can be permitted for up to 60 days in one year, Morton said.


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