That Obama-Biden sign still hanging from your balcony is technically illegal under Evanston law.
And as Evanston’s 2009 mayoral election approaches, the ordinance has become part of Ald. Steven Bernstein’s next crusade.
The Fourth Ward alderman is looking to rewrite the current law about political signs, removing the measure that restricts the display of residents’ yard signs to the period between 45 days before an election and one week after.
Bernstein said although he agrees with the portion of the city ordinance that limits the use of campaign signs in public places such as parks and parkways, he does not think personal property should fall under the same restrictions.
“I think our current law is unconstitutional,” said Bernstein, who is not running for re-election in 2009. “Personally, I don’t care what people put on their lawns. My concern is and always will be corrupting the public works.”
Beyond a belief in free speech, Bernstein said he has a more practical reason for supporting a change to the city ordinance: He thinks there is potential for the city to be sued over the constitutionality of the law. Though he mentioned no specifics, he said other cities have faced similar legal issues in the past.
“We don’t need that aggravation,” he said.
Mayoral candidate Barnaby Dinges said he supported the change in the law and does not understand why the current law exists.
“I’m surprised and disappointed that people felt compelled to have an ordinance like it,” he said.
He agreed with Bernstein that the city should avoid a vulnerable legal position, but he placed much more emphasis on encouraging political participation.
“We should be on the side of encouraging more discussion,” he said. “We should bend over backward to have more speech rather than less.”
Ald. Cheryl Wollin (1st) disagreed, saying there is good reason for a regulation that limits the period of time yard signs can be displayed to election season.
“I would not want to see signs on people’s lawns all year long,” Wollin said. “I think that’s visual pollution.”
Dinges said he was skeptical about the recent interest in signs, especially because no one discussed political signs during the national election. During that time, he saw Barack Obama signs everywhere, he said.
Dinges said that he thinks his own supporters’ use of signs struck a nerve with certain city officials.
“It seems to me that the establishment insiders are afraid of competition,” he said.
Bernstein has not yet drafted a potential new ordinance, but he is planning to begin work soon.
“When we get back I will contact our legal department,” he said.
