A federal appeals court panel has ruled that a small Pennsylvania town ordinance aimed at reducing lawn signs is unconstitutional, saying the resulting restrictions on political lawn signs violate residents’ free speech rights. He said it was a violation of his rights.
Thursday’s decision by a three-judge panel of the 3rd Circuit Court of Appeals upheld a lower court’s ruling for Camp Hill Borough, a town of about 8,000 people outside the state capital, Harrisburg.
In an 11-page ruling, Judge Stefanos Vivas rejected the district’s argument that the 2021 ordinance only regulates the “time, place and manner” of signs. Rather, Vivas wrote, the ordinance discriminates against types of content, is too broad, and lacks a sufficient compelling reason to violate free speech rights.
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As evidence of the ordinance’s content restrictions, Vivas wrote, the district is seeking to impose stricter restrictions on nonprofit signs, such as political signs, than on commercial or holiday signs.
Mr. Vivas wrote that Camp Hill’s interests in imposing sign restrictions (traffic safety and aesthetics) were legitimate, but not compelling enough to restrict free speech.
“Camp Hill has stitched together a crazy quilt of sign ordinances while trying to maintain its aesthetics and promote road safety,” Vivas wrote. “This ordinance is prima facie unconstitutional because it discriminates against some messages.”
FILE – Campaign signs for Republican U.S. Rep. Scott Perry of Pennsylvania and Democratic challenger George Scott are seen on a neighborhood street in their Camp Hill, Pennsylvania, district on Saturday, Oct. 6, 2018. It says a small Pennsylvania town ordinance aimed at reducing lawn signs is unconstitutional and that the resulting restrictions on political lawn signs violate residents’ free speech rights. (AP Photo/Marc Levy, File)
Under the ordinance, residents could not place up to two so-called “personal expression” signs more than 60 days before an event (in this case, an election). Cannot be more than 6 feet tall or left unattended for more than 30 days after the event.
The Camp Hill Borough Republican Association and two residents filed the lawsuit in 2022.
One resident was told by the borough’s code enforcement officer that three lawn signs for Republican gubernatorial candidate Doug Mastriano, U.S. Senate candidate Dr. Mehmet Oz, and U.S. Rep. Scott Perry were too many. That’s what it means. Another resident was told in August that he could not express support for Mr. Oz and Mr. Mastriano more than 60 days before the Nov. 8 general election.
Paul Lewis, president of the Camp Hill Borough Republican Association, called it a “powerful decision.”
“I’m glad that two different federal courts sided with the Constitution and with freedom of speech and freedom of expression,” Lewis said in an interview Friday. “Regardless of your political leanings, regardless of which party you support and support, this is something that will benefit you.”
The district said in a statement that it was disappointed in the decision and that it “could have a far-reaching impact on the district and other municipalities’ ability to meaningfully regulate signage in the interest of road safety and aesthetics. I’m concerned.”
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Borough officials said Friday that officials have not yet decided whether to appeal.
