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Barney McClanahan’s complaint calls for the city to stop enforcing its ban on signs in the rights-of-way of public streets, said Michael Reitz, general counsel for the Freedom Foundation, who is representing McClanahan. The complaint asks the court to declare the city’s sign code unconstitutional because it restricts free speech. The request also asks for $1 in damages, attorney’s fees and any additional relief deemed “just and equitable.”
McClanahan, who has owned Tumwater Pawn Brokers at its current spot on Capitol Boulevard since 1995, said he never had a problem posting signs until he posted one that read “STOP Taking Our Property.” STOP Thurston County is a movement funded by the Freedom Foundation to protest the county’s update of its critical-areas ordinance. The update is drawing criticism from some who say the county is putting protections of animals and land ahead of property rights.
“I just couldn’t believe that they were taking that sign, which basically, I feel they took my message, they took my voice,” he said, noting that he thinks the critical-areas ordinance needs to be examined more closely.
Mike Matlock, Tumwater’s community-development director, said the city has maps that depict right-of-way boundaries but that those lines aren’t surveyed. Lines often differ from property to property, but the city has a good idea where the boundaries are, he said
McClanahan contends that the sign was placed on his own property but says that even if it was in the right-of-way, he takes issue with the city limiting speech. According to the complaint, the sign was placed in a grass lot about eight feet from the back edge of the sidewalk.
Matlock was one of the Tumwater employees who removed McClanahan’s sign. He said the sign was closer to the sidewalk than McClanahan says.
McClanahan since has placed a larger STOP Thurston County sign near where the old sign was taken down and has recently posted several others promoting local candidates and issues.
His attorney sees a problem with what he calls the code’s overarching nature and vagueness.
“I think the main problem with the ordinance is that it is total prohibition of political signs in the right-of-way,” he said. Reitz added that the city’s sign code is vague, making it difficult for people to know whether they are in compliance.
Citing pending litigation, Tumwater’s legal department declined to comment.
Tumwater isn’t the only local government that restricts political signs in public rights-of-way; Lacey and Thurston County also prohibit them.
Olympia allows them but regulates their size and location, said city attorney Tom Morrill.
Reitz said a status conference is scheduled for October, but that he’ll likely push to meet sooner to try to get a preliminary injunction to stop enforcement of the ordinance until a decision is made.
Nate Hulings: 360-754-5476
nhulings@theolympian.com
www.theolympian.com/outsideoly
