Taylorcofan
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to Talk Marion County 24/7
Signs or no signs that is the question. Why not? It is... that time
of
year!
Chicago -- A judge Monday ruled that prohibiting Dolton citizens from
displaying political signs violates the First Amendment.
Senior Judge Milton I. Shadur entered a temporary restraining order
against Dolton Mayor William 'Bill' Shaw and the village of Dolton,
barring them from enforcing the ordinance prohibiting lawn signs or
prosecuting any of the citizens of Dolton for violating that
ordinance.
Dolton resident Myron Smith filed suit in federal court last week
against Shaw and the village after receiving three village citations
for displaying a sign advertising the re-election campaign of Shaw's
political foe, U.S. Congressman Jesse L. Jackson Jr.
Shaw said Monday that he had no problem with the judge's order, but
questioned the timing and Jackson's alleged role in the publicity
that
has been brought to bear on the issue.
"We've always said if (the residents) have a problem, take it to
court," said Shaw, who also serves as state senator for the 15th
district. "We pass many laws in Springfield. Many of those laws are
overturned. I have no problem with that."
Shaw accused Jackson of encouraging Smith to violate the ordinance.
"The congressman should not be advocating someone breaking the law,"
Shaw said. "He forgot what his role was. I guess he was so happy to
get that one sign up, he wanted to go to any extent to keep it up.
"It wasn't even my ordinance. This ordinance was passed back in 1971.
Evidently the people of this community liked the ordinance because no
one asked me to repeal it. It's a law until a court says it's not a
law. (Jackson) should not be advocating civil disobedience."
Frank Watkins, press secretary for the congressman, said Smith had
asked for Jackson's help. "There was no putting him up to anything,"
Watkins said, "but the congressman stood with him as he stood up for
his rights."
The suit developed from a Feb. 19 confrontation between Smith and
various city officials over a Jackson sign in his front yard.
According to Smith, Shaw told him that a village ordinance banning
signs other than real estate advertisements applied to all political
signs as well. Smith contends the ordinance is a violation of his
First Amendment rights.
Shadur agreed, finding the ordinance -- and its enforcement -- are a
violation of right to freedom of speech and the expression of
political views.
Watkins said the precedent for the case had been "set and clearly
established" in 1994 in Missouri and in other cases.
"This was a no-brainer," he said. "It's rather pitiful that the mayor
of the city and a state senator would so openly violate the U.S.
Constitution and be ignorant of its content."
Watkins said Jackson was "not surprised, but grateful" for the
ruling,
referring to the mayor as "Shame On You Shaw."
"Now we'll see if he abides by it."
Shaw and the village unsuccessfully opposed the motion for a
temporary
restraining order, arguing that the village had a right to regulate
what was on private property as long as there was another means of
exercising the right to express one's political views.
The judge denied Shaw's request for a one-day continuance stating,
"Even one day impairment of First Amendment rights is too much to
bear," according to a press release from Jackson's office.
The court issued the order and continued the matter to March 15, for
status or further hearings. Smith was represented by Burton S.
Odelson
and Amy E. Smith of Odelson & Sterk. Shaw and the village were
represented by Marc J. Hamilton for Evangeline Levison.
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