Friday, March 21, 2008
ACLU steps into Botetourt dispute
The county had asked a politician not to display campaign signs so far in advance of an election.
Botetourt County and the American Civil Liberties Union are at odds over the proper length of time campaign signs should be displayed prior to an election.
Sixth District Congressional candidate Sam Rasoul, a Democrat who is seeking the party's official nomination, has displayed numerous 4-foot-by-4-foot signs throughout the county since last year.
One county official says they're cluttering up the county and creating a nuisance.
Last month, the county sent a letter to the area Democratic, Republican and Libertarian parties reminding them of the county's sign ordinance, which states political signs can't be displayed on residential property more than 60 days prior to an election.
The letter asked the political parties to voluntarily comply with the ordinance.
The American Civil Liberties Union swooped into action after being contacted by a member of the area Democratic party.
The ACLU of Virginia notified Botetourt County on Thursday that it will take legal action if the county doesn't immediately suspend -- and then repeal -- the ordinance.
The ACLU contends that the ordinance violates county residents' freedom of speech by restricting the amount of time that residents can display campaign signs in their yards.
"A person should be able to do that whenever they want," Rebecca Glenberg, ACLU of Virginia's legal director, said Thursday.
Members of the county's bard of supervisors said last month they had received numerous complaints about Rasoul's campaign signs.
"By the time the election rolls around, it will be close to two years he's had his signs up, which bothers me a lot," said Don Assaid, chairman of the supervisors. "It's not because he's a Democrat. I don't care whose signs it is. It's the fact that we don't want clutter in Botetourt County. And we consider that clutter when it's up for that length of period."
Glenberg stated in a letter that county officials received Thursday that the ordinance specifying a time restriction is unconstitutional. She said the time limit violates the free speech clause of the First Amendment.
According to the ACLU, similar ordinances in Farmville, Norton and Culpeper have been repealed.
Assaid said a reasonable time limit is needed to prevent candidates from displaying signs too far in advance of an election, and he's ready to encourage the rest of the supervisors to agree to fight any action taken by the ACLU.
The matter could come up when the board holds it's regular monthly meeting at 9 a.m. Tuesday at the Greenfield Education and Training Center in Daleville.
"According to their interpretation, if I decided to run for Congress six years from now, I could go ahead and plaster my signs all over the county, and I'm just telling you that's not tolerable, from my viewpoint," Assaid said. "I don't think the citizens of Botetourt County will tolerate that."
David Lipes, the political director for Rasoul's campaign, said Rasoul was aware of the ACLU action and that the campaign office hasn't received any complaints about Rasoul's signs. Rasoul is running against U.S. Rep. Bob Goodlatte, R-Roanoke County.
"Most of the folks who we've spoken to have had very kind words to say about our signs, and that's the general response that we've gotten," Lipes said.
In an e-mailed statement Thursday evening, Rasoul said: "Our campaign has been so fortunate to have great levels of support from citizens all over the 6th district over the past 14 months of our campaign. It is a shame that in America the people must worry about their Constitutionally protected rights and freedoms being infringed upon when they are simply anxious to express their desire for change."





