RSS 2.0 FeedDon’t Try To Sell Your Car In Glendale, Ohio
by Doug MataconisChris Pagan wanted to sell his 1970 Mercury Cougar. The town of Glendale, Ohio, though, had other ideas:
GLENDALE, Ohio — The town of Glendale didn’t like the “for sale” sign Chris Pagan propped up on the 1970 Mercury Cougar in front of his house three years ago.Glendale police threatened to cite him under an ordinance forbidding such signs on vehicles in public areas. He could have been jailed 30 days and been fined $250.
Pagan, a lawyer, took down the sign. He also filed a lawsuit in federal court.
Pagan’s case will be heard today by all 14 judges of the 6th U.S. Circuit Court of Appeals. A three-judge panel of the 6th Circuit previously ruled in Glendale’s favor.
“Glendale was seeking to … subject me to jail time — and they can’t do that when they’re violating the First Amendment,” Pagan said.
In an affidavit filed in the case, Glendale Police Chief Matt Fruchey said the ordinance aims “to prohibit attractions or activities which would induce people to come into the roadway,” putting them in danger. He also said the ordinance makes the village environment more pleasant.
Of course it does, Chief.
What’s at stake is actually pretty significant:
Jeff Rowes, an Institute for Justice lawyer, predicts the case’s outcome will exert national influence over freedom-of-speech issues and could redefine “commercial speech” rights for the 32 million people living in the court’s four-state territory.
“If Glendale wins, then — at least in the 6th Circuit (Michigan, Ohio, Kentucky and Tennessee) — governments will be able to ban even the most harmless speech just because they feel like it,” Rowes said.
“If they can ban totally harmless speech on a whim, what happens when more controversial speech comes along?” Rowes said. “If we decide that putting someone in jail is the right way to deal with ordinary speech like a ‘for sale’ sign, the First Amendment is in grave jeopardy.”
Like it isn’t already ?
