According to Wikipedia, Readington Township in Hunterdon County sits on an area of 47.8 mi.² and has a population of 16,295—just about the fastest growing Township in Hunterdon County. As a matter of fact, from 1980 to today, Readington has increased in population by more than 50%. Residents of Readington enjoy a very beautiful community.
Mrs. Evelyn Brown has owned her own home in Readington for more than 60 years. And probably she has paid tens of thousands of dollars in property taxes to live that home. And she must be very proud of her son, Fred Brown, who was running for sheriff this year in the June Republican primary. As any proud mother would, Mrs. Brown proudly placed a “Brown for Sheriff” sign on her lawn.
However, one thing the households in Readington do not enjoy is freedom of speech year-round. You see, according to Article XII, subsection 148- paragraph 116, section D12 of the Readington municipal code, political signs are banned from private property 315 days of the year.
Yes, really.
Readington zoning officer John Barczyk told Mrs. Brown to take her “Brown for Sheriff” sign down, as it was in violation of that town ordinance.
Mrs. Brown was none too happy about that, — –writing to the local newspaper she said, “Being very proud of him, I asked him to put his sign on my front yard on Route 523. Someone reported my sign to the township and I had to take it down. To the person who reported me and forced me to remove my sign, I hope your family is proud of you; I’m not.”
The ordinance has this to say regarding the time period signs may appear on private property:
“Temporary political signs for a period of 45 days prior to an election, which shall be removed within five days after the election.”
By my calculations, that means that on your private property you may place a political sign showing your support for the candidate of your choice for Readington Township committee for only 50 days a year. So for 315 days of the year — — about 9 1/2 months — — your freedom of speech is restricted. This is wrong legally and morally.
There are many court cases in New Jersey that have declared similar “temporal restrictions” in other towns unconstitutional:
Boehm v. Borough of Franklin Lakes, 2001 (ordinance limiting display of political signs to no more than two weeks prior and two days after an election). Whitton v. City of Gladstone, (1995) (ordinance limiting display of political signs to no more than 30 days before an election and 7 days after an election). McCormack v. Township of Clinton, (1994) (limiting display of political signs to no more than 10 days before an event while allowing yard sale signs within 30 days of an event). Loftus v. Twp. of Lawrence Park, (1991) (completely banning display of all residential signs, including political signs, while allowing “for sale” and “garage sale” signs). All ordinances that were overturned by the courts.
So, Article XII, subsection 148- paragraph 116, section D12 of the Readington municipal code is unconstitutional, facially and as applied here.
The First Amendment to the United States Constitution is pretty clear: “Congress shall make no law. . .abridging the freedom of speech….”. What part of that does Readington not understand?
Well Mrs. Brown, you’re right and Readington is wrong: by telling you to take down your sign, your First Amendment rights were violated by Readington’s zoning officer.
Go ahead and put up your political sign: And be proud of your son, Fred Brown.
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