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Ga. Supremes send county sign case backThu, 06/29/2006 - 3:07pm
By: John Munford
English ‘didn’t fully consider’ ruling, court says The Georgia Supreme Court has ruled that Fayette Chief Superior Court Judge Paschall English Jr. must reconsider his latest ruling in a dispute over the county’s sign ordinance. This is the second time the Court has struck down one of English’s decisions and remanded the case back for further consideration. English’s most recent ruling in the case denied the injunction sought by residents Curtis Coffey and Wayne Charles, who argue that the county’s restriction of one sign on a residential parcel to be too restrictive. The county contends that the restrictions are necessary for traffic safety and aesthetics. Coffey was cited in 2004 for county ordinance violations after he erected more than one political sign at his home on Rivers Road. In an opinion published Monday, the Supreme Court noted that English ruled in the county’s favor most recently without hearing any evidence from the county. Although English struck down parts of the ordinance as being unconstitutional, he ruled that the remainder of the ordinance was valid, including the limitation of one sign per residential lot. "Here, the trial court deferred without question to the decisions made at the discretion of the county without receiving any evidence or fully considering whether the ordinance was the least restrictive means of achieving the county’s goals,” Justice Harold Melton wrote in the opinion. Melton noted that the Supreme Court has ruled that Georgia’s Constitution to have broader protection than the first amendment, because a government is required “to adopt the least restrictive means of achieving its goals.” “In conducting this close review, a court cannot merely defer to the discretion of the governmental entity imposing the ordinance,” Melton wrote. “If that were the case, Georgia’s additional restrictions on limitations of free speech would be rendered meaningless. Instead, in such cases, the reviewing court must base its determination on a careful consideration of the evidence, none of which has been presented here, to determine that the ordinance in question does not burden any more speech than is necessary.” The last time the Georgia Supreme Court weighed in on the matter was in March 2005 when it determined that English did not use the correct legal standards before ruling to deny the plaintiff’s bid for a temporary restraining order. The suit was filed in July 2004. login to post comments |