Old West End war protest runs afoul of law - City says resident exceeds limit on yard signs

Old West End resident Jeffrey Nelson says he has a constitutional right to express his views -- in this case, his outrage over the Iraq war.

But the city of Toledo says it has rules about signs, and Mr. Nelson's mode of expression -- four signs, one of them the size of a sheet of plywood -- violates those rules.

Now, the American Civil Liberties Union is stepping in on Mr. Nelson's behalf and urging the city to drop its citation or go to court.

For about two years, Mr. Nelson has maintained three smaller signs chronicling the death toll from the American invasion of Iraq in 2003. More recently he added a larger sign asking, "Why did we go to war?" and listing several of his objections to the war.

On Nov. 30, Mr. Nelson received a notice from the city office of building inspection telling him that he is allowed just one exterior residential sign without a permit on his yard at 2233 Robinwood Ave.

A memo from the building inspector's office said the complaint came from a neighbor.

Jeffrey Gamso, legal director of the American Civil Liberties Union of Ohio, said he believes the four signs are political and, therefore, exempt from the city's limit of one sign per yard. The city's sign ordinance does not restrict the number of political signs residents can display.

"It is clearly squelching public debate," Mr. Gamso said of the city's notice. "The ordinance can't apply. There's no question they're political signs. And if it does apply, [the ordinance] is unconstitutional."

Mr. Gamso said the four signs will continue to be displayed "for the time being." He said he faxed a letter challenging the city's position to city Law Director John Madigan and is awaiting a response.

"When they understand what they're doing is wrong, hopefully they'll back off," Mr. Gamso said.

Mr. Madigan said he would look into the matter.

He said the city does not and cannot regulate content, but the city has a right, which he said has been recognized in U.S. Supreme Court rulings, to set "reasonable regulations" on the time, place, and manner of constitutionally protected expression.

He said council amended the sign code last year to exempt political signs from the sign ordinance.

Mr. Nelson said he considered appealing the city's citation, at a cost of $125, but said that would have acknowledged the constitutionality of the law.