ACLU suing Town of Portsmouth over banning political signs

A Portsmouth resident was threatened with a $500 fine per sign per day if he didn't remove them within 7-10 days.

PORTSMOUTH, R.I. (WLNE) – The ACLU is suing the Town of Portsmouth on behalf of a resident, arguing they are violating his right to free speech by telling him he needs to take down signs on his lawn that criticize the town.

Nine signs sit on Michael DiPaola’s front lawn in Portsmouth. All are criticizing the town over years of feuding because of enforcement of building codes.

Now it’s the signs themselves, the town says, are the problem.

“This is a perfect example where residential political signs are a cheap, inexpensive means, to express one’s political views, in this case criticism of governmental functions,” said Attorney Richard Sinapi, who is representing DiPaola on behalf of the ACLU.

The town ordered DiPaola to remove the signs, saying in a letter that they do not fit what is permitted in the town’s sign ordinance.

“The way the ordinance is worded, political signs are not within the variety of signs that are permitted. And even if you could so read the ordinance in that fashion, you require a permit to post a sign,” explained Sinapi.

In the letter sent to DiPaola, the town’s Acting Zoning Enforcement Officer Gary Crosby, implies that the signs are distracting to drivers, which is prohibited. It also says DiPaola needed to get a permit to put the signs up.

Sinapi says, to their knowledge, other people have posted political signs in town without permits.

“When you’re criticizing the town, and the town is now enforcing an unconstitutional sign ordinance,” said Sinapi. “That is a situation where it’s really important to call attention to it, and to vindicate and protect that right.”

DiPaola was threatened with a $500 fine per sign per day if he didn’t remove them within 7-10 days.

There will be a hearing on Monday to determine whether or not he’ll be granted a temporary restraining order to keep the signs up.

“Treating other speech more favorably than political speech, is impermissible obviously,” said Sinapi. “In this case specifically, prohibiting the posting of political signs, or requiring a permit before you post political signs, is directly contrary to the concept of free speech.”

ABC 6 reached out to the Portsmouth Town Administrator for comment on this issue, but he said he cannot comment on pending litigation against the town.