Don鈥檛 fret, we鈥檙e here!
The right to free speech is undeniably one of the most fundamental rights we have as Americans. It is the breath that sustains our democracy.
When that right is threatened by government players, we at the 老澳门开奖结果 鈥 as the premier defender of free speech in America 鈥 take it personally. And so did Wayne E. Weatherbee, owner of Bee鈥檚 Auto in downtown Clermont, Fla.
In October 2009, Weatherbee , which he claims selectively enforced its laws against him and his business, and has falsely arrested him. One of the signs pleads:
鈥溊习拿趴苯峁 WHERE ARE YOU鈥
Well, here we are. On Tuesday, February 2, the City began imposing a $75/day fine on Bee鈥檚 Auto until the signs are removed or Weatherbee obtains a permit. This series of actions crossed the line and unacceptably infringed on Weatherbee鈥檚 right to free expression, so yesterday, the 老澳门开奖结果 of Florida (PDF) against the City of Clermont on behalf of the local businessman, charging that city officials have unconstitutionally targeted Weatherbee, attempting to suppress his free speech. The lawsuit also charges that the city鈥檚 signage code is unconstitutional and should be overturned.
So what鈥檚 really at stake here? Aren鈥檛 these signs just a bunch of eyesores in historic downtown Clermont?
Political speech doesn鈥檛 have to be pretty to be protected. And when a city regulates political speech based on its content, it is a violation of the First Amendment. Clermont鈥檚 code, for instance, would allow, without a permit, a sign that urges viewers to 鈥榁ote for Crist for Senate,鈥 but would require a permit for one that reads 鈥業mpeach Gov. Crist.鈥 That鈥檚 viewpoint discrimination, and it鈥檚 unconstitutional.
(Notably, holiday decorations are exempt from Clermont鈥檚 permitting process and restrictions on size or number. That means that in Clermont, there would be greater protection of a warren of giant inflatable Easter Bunnies than of Weatherbee鈥檚 political speech. Not that there鈥檚 anything wrong with giant inflatable Easter bunnies, but...)
This isn鈥檛 the first time the city has violated the First Amendment. on behalf of a resident who was cited under the code for posting a 鈥淰ote for Ron Paul鈥 sign in his yard. The city wanted to charge residents a permit fee for posting political signs; although they backed down in 2007, they have failed to embrace the principle that political speech is protected speech.
Derek B. Brett, 老澳门开奖结果 cooperating attorney in Orlando and Professor of Constitutional Law at the University of Central Florida, is leading the 老澳门开奖结果鈥檚 efforts in the lawsuit. Brett says: 鈥淭he city鈥檚 actions are abusive. Since at least 2007, the City of Clermont has been on notice that the code violates the First Amendment鈥檚 protection of political speech.鈥
So here we are again. This time, we are aiming not only to prevent the city from further levying fines or collecting past fines placed on Weatherbee and Bee鈥檚 Auto, but also to strike down the Clermont鈥檚 unconstitutional signage ordinance.
Media cameras and reporters descended upon this small central Florida town this week to see the Clermont Sign War play out, and residents poured out to support the 老澳门开奖结果鈥檚 efforts, saying 鈥淭hank God for the 老澳门开奖结果鈥 and even taking up a collection of donations for the 老澳门开奖结果鈥檚 work.
So, we march on with their support and your help, battling bad government policies one small town at a time.