Village Board tables public hearing on sign law amendment

MILLERTON — Residents interested in finding out how the Village Board intends to amend Millerton’s sign law to prohibit profane language on any future sign, billboard, flag or banner in the village will have to wait a while, as the board decided to table its discussion on the sign law until further notice.

Though regulating sign content is an all-too-familiar First Amendment issue, village officials were forced to consider it last month after residents concerned with a flag bearing an obscene message at a home at the intersection of routes 22 and 44 complained. Hanging off the front of a private home just south of the Route 22 traffic light, a flag bearing the words “F*** Biden and F*** You For Voting for Him!” has shocked many passersby and local residents, a number of whom submitted their concerns and complaints to local officials as well as to this newspaper (read letters to the editor at www.tricornernews.com).

The issue was discussed at length during the Village Board meeting on Monday, March 22. As part of its discussion, village trustees, with guidance from Village Attorney Ian MacDonald, considered the complications of regulating sign content without infringing on First Amendment rights, as well as what might be considered content based and non-content based restrictions.

“That’s always the challenge,” MacDonald said during an interview on Friday, April 16, “and any time you’re regulating speech, you have to consider the First Amendment and the issues become very complicated.”

Generally speaking, MacDonald said if the sign regulations are limited to time, place and manner, the regulations will be considered non-content based and will have a better chance of being upheld in court. When the regulation is content-based, he said it triggers what’s called “strict scrutiny” under First Amendment constitutional standards, which is a very high legal standard to overcome.

MacDonald added that caution is warranted when talking about regulations involving signs because of free speech issues.

“There are public interest groups that are willing to challenge the laws in federal court and municipalities can be liable for attorney fees, so the stakes are high and caution is warranted,” he said.

The Village Board approved a motion to introduce a local law to amend its sign law to prohibit profane language on any sign, billboard, flag or banner in the village. A public hearing for the local law was originally scheduled for Monday evening, April 19.

However, in the weeks following the March 22 meeting, the board decided to table the public hearing on the sign law amendment. When asked about its decision to table the hearing, Village Clerk Kelly Kilmer said it was done so more research could be conducted on the issue.

MacDonald added the matter was tabled by the board to ensure that the amended law will comply with the First Amendment requirements of the United States Constitution and to consider how the amendment may fit in with any broader changes to the village sign law that the board may want to make. As of the time of his interview, he was not certain as to when the board will next discuss the sign law amendment. 

Trustee Matt Hartzog said on Tuesday, April 20, that the Village Board met the night before, but did not discuss the sign law. He said he doesn’t know if the issue will be on the agenda for the board’s meeting on Monday, May 10.

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