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Salem City Council once again fails to get motion to remove restrictions on size of political signs

By News Oct 22, 2020 | 8:46 AM

The signs that started the debate over the Salem Sign Code Ordinance.   

The Salem City Council once again failed to get a motion to remove size limitations on political signs.

Citizen Brock Waggoner addressed the city council once again Wednesday night repeating his earlier contention that the current ordinance is unconstitutional.

“Having content-neutral sign ordinances is legally permissible to protect the 1st Amendment but having a specific sign ordinance that states it’s a political sign ordinance is illegal under the constitution and the Supreme Court. Several District Courts have also upheld that.  Having a political sign ordinance, or things protected under the 1st Amendment is not valid.”

But City Attorney Mike Jones sees no need to change the ordinance.

“The existing sign ordinance has been on the books for many years and it’s never been challenged in court.  I’m satisfied that the existing ordinance as it is, is defensible in court.”

Councilman Nic Farley said he had to follow the city attorney’s opinion in not making a motion to change the ordinance. The rest of the council also remained silent letting the issue die.

However, later in the meeting Salem City Manager Rex Barbee said the earlier decision not to enforce sign size limitations on private property would remain in place for the current election since it is only two weeks away.