Article Last Updated: 11/05/2005 05:05 AM
San Anselmo sign flap is a risky business
Marin Independent Journal
FREE SPEECH is the mortar that binds our nation, but the sad truth is
that people are far less tolerant of speech they don't agree with or that
offends them.
Anti-war protesters are not officially welcomed in Mill Valley's traditional
Memorial Day Parade. San Anselmo attorney Ford Greene's anti-President Bush
signs elicit grumbles from some passersby.
On Wednesday, San Anselmo lawyer John Newell's pro-Proposition 73 banner
strung across a busy downtown San Anselmo street generated a flood of angry
calls to Town Hall.
Newell, however, followed the town's process, paid the $250 fee and found
a gaping loophole that doesn't forbid political campaign signs.
San Anselmo is not the only town that allows local groups and organizations
to string banners across their busy streets.
But it may become the first to ban such statements if the town cannot
tiptoe through the legal minefield that divides politics and public announcements.
Unfortunately, the door to allowing political signs was opened by leaders
of the Measure B campaign, the town's municipal tax measure. Their banner
hung before Proposition 73 supporters got their turn.
They should have known better. The Measure B banner, although well-intentioned,
set a precedent that may not be able to be reversed without depriving local
non-political community events, programs and announcements of the promotion
the banner affords.
In San Anselmo, the matter is even more complicated because it turns
Newell and Greene - adversaries in the fight over Greene's sign - into somewhat
uncomfortable allies in the debate over signs and exercising free speech.
Greene's sign is on private property. The town banner is on public property
and being used to tout a one-sided campaign message.
Maybe we are being too harsh. The town could generate some much-needed
revenue by renting space on the face of the Town Hall tower or the side
of the deer statue to political campaigns that pay for the space.
However, if you believe those are inappropriate places for a "Schwarzenegger
for Governor" banner, you're absolutely right.
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