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August 6, 2010

Balto. Co. sign fight in court today

A federal judge this afternoon is scheduled to hear arguments challenging the constitutionality of Baltimore County's regulations on political signs in a lawsuit filed this spring by a man who was ordered by the county to remove a campaign sign from his lawn.

Stephen V. Kolbe of Dulaney Valley Road wants the U.S. District Court to block enforcement of several provisions of the county sign code, including the rules restricting the size of political signs based on the zoning of the property and the rule allowing such signs only 45 days before an election.

Kolbe, who runs a computer consulting business out of his home, took down the 4-by-8, blue-and-white sign backing former Gov. Robert L. Ehrlich Jr. in his re-match with Gov. Martin O'Malley. The rules say that in his residential area, Kolbe cannot display a sign larger than 8 square feet.

The case is being heard in Baltimore by Judge Catherine C. Blake, who ruled three years ago that the 45-day provision was unconstitutional and barred the county from enforcing the rule. Kolbe argues that the county is still enforcing it, as the code enforcement officer who came to his house jotted the rule number on the "correction notice" taped to his side door. The county has argued that the notation was a mistake.

Kolbe's suit argues that the campaign sign restriction based on property zoning effectively governs political speech according to what type of property a person owns and where it's located. The suit argues that the rules violate the First and Fourteenth Amendments to the U.S. Constitution.

In the meantime, the county is pursuing limited enforcement of rules on political signs. The county will be keeping files on complaints but is issuing no notices of violation for political signs.

-Arthur Hirsch

Posted by Andy Rosen at 11:37 AM | | Comments (2)
Categories: In The Counties
        

Comments

nobody is stopping this goomba from exercising his first and fourteenth amendment rights....

he just has to do it within 8 square feet of space.

considering he uses a 10 pitch font... he can say a lot in 8 square feet.

if this was a o'malley sign would it be going to court?

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Annie Linskey covers state politics and government for The Baltimore Sun. Previously, as a City Hall reporter, she wrote about the corruption trial of Mayor Sheila Dixon and kept a close eye on city spending. Originally from Connecticut, Annie has also lived in Phnom Penh, Cambodia, where she reported on war crimes tribunals and landmines. She lives in Canton.

John Fritze has covered politics and government at the local, state and federal levels for more than a decade and is now The Baltimore Sun’s Washington correspondent. He previously wrote about Congress for USA TODAY, where he led coverage of the health care overhaul debate and the 2010 election. A native of Albany, N.Y., he currently lives in Montgomery County.

Julie Scharper covers City Hall and Baltimore politics. A native of Baltimore County, she graduated from The Johns Hopkins University in 2001 and spent two years teaching in Honduras before joining The Baltimore Sun. She has followed the Amish community of Nickel Mines, Pa., in the year after a schoolhouse massacre, reported on courts and crime in Anne Arundel County, and chronicled the unique personalities and places of Baltimore City and its surrounding counties.
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