Fayette County’s controversial sign ordinance heads to the County Commission tomorrow night for another opinion on the often-litigated ordinance.

The County Commission will discuss proposed amendments to the ordinance that has drawn legal opinion from a superior court judge and a federal judge this year.

Zoning Administrator Aaron Wheeler said the staff is proposing a change to the current sign ordinance in order to make the ordinance more user-friendly. Wheeler said the the purposes of the changes are to encourage the effective use of signs as a means of communication in the unincorporated county, along with maintaining and enhancing the aesthetic environment and the county’s ability to attract sources of economic development and growth.

Wheeler also added the changes will help improve pedestrian and traffic safety; minimize the possible adverse effects of signs on nearby public and private property; and enable the fair and consistent enforcement of these sign restrictions.

In March, the Georgia Supreme Court ruled that Fayette Superior Court Judge Paschal English “applied an inappropriate standard for determining constitutionality” when he denied a request from two Fayette residents seeking a temporary injunction from the county’s sign ordinance until the lawsuit could be settled in court.

In its ruling, the court noted that the Georgia Constitution provides broader protection than the first amendment of the U.S. Constitution which requires a government to “draw its regulations to suppress no more speech than is necessary to achieve its goals.”

Curtis “Bubba” Coffey and Wayne Charles filed a suit in July 2004, 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.

The Supreme Court told Judge English to reconsider the request for a temporary injunction “using the correct legal standards,” Sears wrote.

The court’s opinion noted that English correctly determined that the county “has a significant governmental interest in aesthetics and traffic safety,” but failed to take into account other tests such sign ordinances must meet.

In July, English ruled that some elements of the ordinance would have to be further evaluated.

One of the items that must be stricken from the ordinance is the sentence “such signs may not be used to direct the public to a place or event at a location other than the location upon which the sign is posted.” English said the sentence was unconstitutional because it can apply to noncommercial speech.

The judge also said the county needs to look at several content-based exceptions or restrictions in the ordinance. Specifically, he said window signs cannot prohibit the name of the business or advertising copy.

Other issues English said the county needs to look at are content on banners, flashing signs, sidewalk signs and door signs.

In his closing comments, English wrote that all other aspects of the ordinance are constitutional and the original intent of the ordinance to “protect the aesthetics of the community and to protect traffic safety” would still be maintained.

In October, U.S. District Judge Jack Camp issued a preliminary injunction in the case of Eric Maxwell vs. Fayette County. Maxwell owns 37 acres on Redwine Road and wanted to place signs on his property showing his support for various candidates in this year’s Peachtree City races.

“All I want to do is express my personal opinion,” Maxwell said.

In the case filed in U.S. District Court in Newnan, Maxwell sought temporary relief from the enforcement of the sign ordinance for the election season.

“To me, it’s a free speech issue. I’m not trying to get billboards erected throughout the county,” he said.

In his analysis of the case, Judge Camp wrote that “... a resident is foreclosed from simultaneously posting one sign in his or her yard supporting a candidate for election and another supporting a local issue like a bond referendum. By limiting residents to one political yard sign, the sign ordinance forecloses expression which a number of courts have held to be an important and vital means of political speech.”

The meeting starts at 7 p.m. at the county’s administrative complex on Stonewall Avenue.

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