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Sign ordinance getting attention in courts

By LEE WILLIAMS
lwilliams@TheCitizenNews.com

Despite a recommendation by the Georgia Court of Appeals to take a second look at a decision that affected the ruling in a sign ordinance case, it was business as usual in Fayette County State Court Tuesday morning.

State Court Judge Fletcher Sams deliberated over seven cases that stemmed from six residents charged with allegedly violating the sign ordinance by either having too many political signs or oversized signs in their yard.

Some are challenging the citations citing that the ordinance limits their First Amendment rights, which entitles them to freedom of speech:

• Richard Johnston of Gingercake Road, Fayetteville, who was cited for having too many political signs in his yard and refused to sign the citation given by Fayette County Marshals, is disputing his charge.

Johnston hired attorney Stephen T. Smith of Jonesboro to represent him during a jury trial.

• Curtis Wayne Coffey Jr., 42, of Rivers Road, Fayetteville, was cited for having an oversized political sign in his yard. He demanded a jury trial, which will be held at 9 a.m. July 12, according to court records.

• Tommy Mask, 46, of McBride Road, Fayetteville, was cited for having an oversized political sign. Mask requested a bench trial, which will be held at 9 a.m. June 29, according to court records.

• John Edwards, 73, of Ga. Highway 85, Fayetteville, was cited for having an oversized sign. He pleaded no contest. However, Judge Sams waived his fine.

• Ussiel Hernandez, 43, of Hwy. 92 North, Fayettevlle, was cited for having an oversized sign in his yard. He pleaded no contest. Judge Sams ordered him to pay a $135 in fees and court costs.

• Eric Maxwell, 46, of Redwine Road, Fayetteville, was cited on two separate occasions for having oversized political signs in his yard. He demanded a jury trial, which will be held at 9 a.m. July 18, according to court records.

In July, Coffey and Wayne Charles filed a suit challenging the county's position that its sign ordinance allows only one political sign to be erected on a residential parcel. Coffey contends that keeps him from showing his support for multiple candidates at the same time.

Griffin Judicial Circuit Chief Superior Court Judge Paschal English Jr. ruled against the two on the matter and they appealed the case.

In March, the Court of Appeals ruled that English’s decision should get a second look.

The ruling prompted Peachtree City and Coweta County to look at their sign ordinance, but Fayette County has not made any changes to its sign ordinance.

Fayette County Commission Chairman Greg Dunn indicated the commission is standing by its county sign ordinance that mandates that a property owner can only put up one sign.

Last year, the county’s sign ordinance was challenged in federal court in Newnan and the court determined the sign ordinance was constitutional, he said.

“A guy wanted to put up 12 billboards,” Dunn said.

While the circumstances in last year’s federal court case and the five pending sign ordinance cases differ, Dunn said the commission believes their ordinance is constitutional and does not limit free speech as some have implied.

Dunn said some argue that one sign only allows them to support one candidate, but he disagrees. Dunn said the county cannot limit the content, so a property owner could list all the candidates they are campaigning for on one sign.

“We think we have a legitimate sign ordinance that doesn’t limit free speech,” Dunn said. “All we do is limit size, location and the number they can put up. The content, as long as it’s not lewd and lascivious, we don’t limit it. But if a judge comes back and tells us to change it, we will do what the court directs.”