Times are changing, so too will realty signs
The U.S. Supreme Court last Thursday gave big business a biggift – personhood. A divided court declared that the governmentcannot limit corporate spending on political campaigns, puttingcommercial freedom of speech on a par with the rights of individualAmericans. Now, it’s government for the people andcorporations, by the people and corporations.Yikes.
The Supreme Court played a small but significant role inFriday’s Town Board hearing on lifting the town’s ban on realestate signs. Islanders urged the town to continue to restrictsigns, even in the face of a 1977 Supreme Court ruling throwing outa municipal sign ban. That was then, they said, this is now – theInternet has changed access to information so dramatically that theimportance of signs to free speech has changed.
The Town Board held firm to the premise that the current lawcannot stand. It restricts the content of real estate signs, albeitin vague terms. That’s a constitutional no-no in anybody’s book.And Town Supervisor Jim Dougherty emphasized that the Supreme Courtruling prohibiting sign bans is not an “old fossil.
Some suggested that the town challenge high court precedent inlight of the Internet age and ban all commercial signs (not justbroker signs) on residential property. That’s thought-provoking,but even with an alternate free speech venue, a ban on signsamounts to suppression of an outlet for speech that is thesimplest, most convenient for individual homeowners. And Mr.Dougherty, in reading the recent Supreme Court ruling, has noappetite for that.
It may not be necessary. Marc Wein’s suggestion that the boardmimic a Palm Beach law greatly restricting the size of signs tosmaller than half a sheet of notebook paper, and that ownerpermission be required for all temporary commercial signs, are goodideas and a good fit for Shelter Island.
Another consensus emerged from the hearing. The proposed law’simposition of different rules on real estate signs than those onother commercial signs, such as contractor signs, is unfair. Alltemporary commercial signs must be treated the same.
Putting the legal technicalities aside, the Town Board is leftwith a clear message from the public: We don’t want real estatesigns to detract from the beauty of Shelter Island. They have aclear legal path to follow: Limit the signs fairly and as much asthe law allows.
Another version of a commercial sign law is inevitable forShelter Island. That means another public hearing – let’s hope itis as thoughtful as the one on Friday.