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ACLU: Anti-War Sign Can Stay In Salida

City Withdraws Threat To Enforce Sign Code

POSTED: 12:21 pm MDT September 12, 2006

The city of Salida has backed down on its threat to enforce a sign code against a resident who erected an anti-war sign on the sign of her downtown building.

The sign says, "Kill one person and it's MURDER. Kill thousands and it's FOREIGN POLICY. STOP THE IRAQ WAR NOW!"

The city notified Debra Juchem several weeks ago that her sign violated the municipal sign code, prompting her to ask for help from the American Civil Liberties Union of Colorado.

On Monday, ACLU attorneys were prepared to file suit in federal court to protect Juchem's First Amendment rights.

"Our client’s sign is classic political expression that is squarely protected by the First Amendment and the Colorado Constitution," said attorney Tom Macdonald. "Cities may have some power to regulate the size and placement of signs, but Salida’s sign code, especially as it is interpreted and applied by city officials, violates the standards of numerous court decisions that protect the right of individuals to express their views without unwarranted government interference."

The ACLU said that city officials created an unwritten exception to the city sign code's provisions for "political signs" unless they are directly linked to an upcoming election.

"The city set up an unconstitutional regulation of signs on the basis of their content,” said Mark Silverstein, the ACLU legal director. "Decades of Supreme Court case law explain that the First Amendment forbids the government to discriminate against expression on the basis of its content or its viewpoint. The city of Salida had no legitimate right to order Ms. Juchem to take down her sign."

According to the ACLU, the city withdrew its threat to begin an enforcement action against Juchem and will review its sign code.

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