Wednesday, August 01, 2007
Radford, ACLU trade words over zoning law
The city is considering a repeal of a portion of the ordinance, but the ACLU says that's not enough.
A governmental limit on signs displayed by Radford University's fraternities and sororities could be repealed, according to a letter sent Tuesday to the American Civil Liberties Union.
But the city's restrictions on Greek organization signs would still be unconstitutional after the repeal, the ACLU fired back Tuesday afternoon.
It's the beginning of what could become a long legal battle arising from city leaders' push to protect the integrity of neighborhoods and the ACLU's push to protect free speech.
City Attorney Jim Guynn sent a letter to the ACLU Tuesday in response to one the ACLU sent the city July 20 that threatened legal action on the grounds that its sign ordinance section infringes on free speech.
The section states that Greek letters, banners and signs can only be displayed during special events, which are "limited to Radford University Homecoming, Rush and Greek Week." The location, size and type of sign must be approved by Radford University's Office of Student Affairs and the city's zoning administrator.
The ACLU's Virginia director, Kent Willis, said his organization was contacted by a member of a Radford University Greek organization about the sign ordinance, and that person asked to remain anonymous.
In his letter, Guynn asked that the ACLU identify the person who made the complaint before the next Radford City Council meeting on Aug. 13.
"I believe it is my duty as city attorney to confirm standing of the person claiming to be harmed by our actions," he said.
Guynn said that, while he doesn't think the ordinance is unconstitutional, he will not recommend the city debate the matter, because of the possibility of "substantial legal fees" to defend a section of the ordinance that benefits "a small few" and not the city as a whole.
Guynn argued that the ordinance approved in May actually benefits the Greek community because it formally allows them to place their signs during special events. The previous ordinance made no exceptions for fraternities or sororities in residential areas -- where all of the Greek organizations are located. Instead, the city relied on Radford University and the Greek organizations "to agree on which special occasions merit signs" and "basically engage in self-governance," Guynn wrote in the letter.
Repealing the ordinance would mean that fraternities and sororities "will be governed by the same sign requirements as other residents in residential districts. Those sign advertisements likely do not allow for special events advertising," he wrote.
ACLU Virginia Legal Director Rebecca Glenberg responded by letter, stating that she was not persuaded by the city's characterization of the sign code "as an ordinance that expands the free speech rights of fraternities and sororities, rather than restricts them."
She wrote that it was unclear to her why students would be unable to post temporary special-event signs after the repeal, citing that a separate section of the code allows such signs five times a year for all residents.
Student-organization signs should also be permitted as public service signs, she argued.
"The First Amendment does not permit the city to discriminate on the basis of content or identity of speaker," she wrote. "The city may not prohibit a fraternity from advertising a homecoming dance while permitting, say, the Lions Club to advertise a charity dance."
Glenberg wrote that the ACLU is prepared to pursue legal action if Guynn does not provide written confirmation that the student organizations will be permitted to display temporary and public services signs.
She would not name the student who contacted the ACLU on the grounds that the organization that the student represents has not decided whether or not to pursue litigation.
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