Author: chogan@directresearch.com

Edit:  Nope, I still didn’t have it right.  Vienna is writing its own unique ordinance that does not match the one being promulgated as a Virginia standard.  I have rewritten this accordingly.

The Town’s unique new sign ordinance (.pdf), which is not the same as the Virginia model ordinance (despite what the public hearing notice said), would do the following, with regard to yard signs:

Limit any yard sign to no more than 12 square feet.

Place no limit in the number of yard signs you could have.

Place a 90 day limit on how long you may leave a yard sign up.

And, hilariously enough, although the genesis of this was that you had to treat all signs the same, regardless of content, the first thing they do is treat signs differently, based on content.  Political yard signs have to come down after 90 days.  Real estate signs can stay up indefinitely.

And so, literally the only thing of note, in recent Town-wide history, that the new ordinance would prevent would be a repeat of my “small town Vienna” sign campaign.  As well as the use of any campaign sign that exceeded 12 square feet, such as one erected by mayoral candidate Majdi.  (If erected in a residential area.)

It also appears to transfer some power to the Director of Planning and Zoning. Which, if you’ve been following the action in Town, is no surprise.

In any case, although the public hearing indicated that we were adopting the Virginia model ordinance, to make sure that the regulation is content neutral, neither of those statements is true.  This is not the language of the model ordinance, and the proposed ordinance differentiates treatment of signs based on content.  And, importantly, political signage is subject to more restrictive treatment than commercial (real estate) signage.

Finally, this does still reach inside your own house, and bars you from having any sign in your window for more than 90 days.  I can’t believe there’s any reasonable justification for that, other than maybe some Town Council member doesn’t like some particular sign.  And that, surely, is no justification for this part of the law.

The rest of this posting is obsolete.  Although informative.

The bottom line is that more-or-less the only thing that the new law prohibits is something like my small town Vienna signs.    Something intended for a long-term protest of Town Council actions.  And any large sign, such as the one used by mayoral candidate Majdi.  And any sign you would care to display in your window, if you want to keep it up more than 90 days.

Obsolete material follows.

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I’m now going to the Town’s archives for various meetings and trying to figure out what they are actually saying about limiting yard signs.  In particular, limiting political yard signs.

To cut to the chase, if they follow through with what they propose, then:

A)  You will be limited to no more than four standard political campaign signs in your yard.

B) You will have to take them down (or, plausibly, replace them) after 90 days.

So, first, I can’t believe that would survive a legal challenge.  And second, the people drafting this were thinking only of aesthetics and safety.  I’m pretty sure they didn’t give freedom-of-speech issues any serious thought when they drafted this section of the proposed ordinance.

Details follow. Continue reading Post #821: Political signs and the Town of Vienna. Digging down to find the facts.

Source: Caroline Kitchener/The Washington Post, as posted in The Lily.

Well, reluctantly, I have been hectored into posting about the Town of Vienna again.  If you’re not a TOV resident, move on.

Caveat: I haven’t done my proper due diligence on this.  Haven’t so much as bothered to look up the facts.  Because I’m just so sick of Town of Vienna bureaucracy.

So let me do the weasel-word thing and say, suppose.

Suppose I said that you, as an American, have the right to post a sign in your yard expressing any political opinion you choose.  Like the farmer pictured above.  Which, although I don’t like the message, I have to applaud the ingenuity.

You’d say, “duh”.  Because this isn’t Communist China.  This isn’t the (former) USSR.  This is America, right? Damned right, I can say what I want, on my own property.

Right up to what’s allowed, in general.  Famously, the First Amendment does not give you the right to shout “Fire” in a crowded theater.  For example, advocating the violent overthrow of government, or threatening elected officials (used to be?) is illegal.   And, likely, endorsing criminal acts — such as advocating violence against an individual — likely that would be illegal.

But beyond that, presumably, if you want to put a sign, on your own private property, expressing an opinion.  Even an ugly opinion.   You can.

Now suppose I said, well …. maybe.  Depends on how long you intend to express that opinion.  Suppose I said, after N days, you have to stop expressing that opinion.  Even if it’s free speech, as protected in the Constitution.  Because The Town Council in tiny little Vienna VA knows better.  With a proposed piece of legislation.

And your Town Council is focused on neatness.  As in, neat-freak-level neatness.  And, hey, that’s just so sloppy, having signs around for more than a little bit.  So let’s shut that down.

Now, I may be misunderstanding this.  But as this has been relayed to me, in the Town of Vienna, you have 90 days to express that opinion.  As proposed.  Or maybe just 60 days.  Black Lives Matter.  Make America Great Again.  Eat at Joes.  It doesn’t matter.

Under proposed legislation, after 90 days (or maybe just 60 days), your sign has to come down.  By law.  Because the omnipotent and omniscient Vienna Town Council orders it so.

Now, let’s get real.  The only widespread set of signs, in individual yards, that remained in place for more than 90 days, within living memory, were my signs.  These signs.  Shown at left.

Damned awkward, that was.  The principal charge from the citizens involved in MAC development was to maintain Vienna’s small-town ethos.  And here was somebody publicly reminding the town of that.

And, as low-tech as they were, they got people aware of what the Town Council was up to.

And I recycled them responsibly, to boot.  Again, at left.

Eventually, the Town Council repealed that MAC law.  So these humble, locally-printed long-lived lawn signs ended up being an effective example of real grass-roots democracy.

Kind of.

I take no credit for that.  Had it been a good law, I’d have been wasting my time.  As it was, I take credit only for pointing out the facts.   And having good sense prevail.

Above:   Merrifield Mosaic District, overlain on the Town of Vienna MAC zoning district.

And now, as the Town bureaucracy goes about re-writing all the zoning in Vienna.  During the COVID-19 pandemic, ensuring that it is awkward, at best, for people to participate in that.  Somehow, right now, that’s the perfect time for the Town to prevent any recurrence of a long-lived lawn-sign-based protest.

Right now, apparently, is the ideal time to prevent any repeat of what occurred with MAC.  Ahem.  In terms of citizen opposition.

Yeah.  Sure.  As a patriotic American, that makes great sense to me.  Let’s make sure that the last effective means of citizen protest, for our last attempt at rewriting the zoning, can’t be used this time.  As the Town bureaucracy plows ahead with rezoning, despite taking advantage of the pandemic and all the restrictions that imposes on citizen participation.

But wait, there’s more.  Did I mention that if you have a sign in your own home, that can be seen from outside, the Town is going to regulate that as well?  Yep. That’s the plan.  So, forget yard signs.  If you dare to post anything in your window, that somebody objects to, the Town’s going to assert the right to come after you.

If you have an objection to this — or if you actively favor it — I suggest that you send an email to your Town Council members.  Let them know how you feel about it.

But under no circumstances should you post a sign in your yard /s.  Or, at least, don’t post one for more than 90 (or maybe 60) days.  That’s no longer going to be legal, in the Town of Vienna.

If I have been mislead about this, I apologize in advance.  But I don’t think I have.

I literally don’t have the stomach for sitting through the tapes of Town Council and Planning Commission meetings, to try to pin down the facts on this one.  If necessary, I will provide citations as to source.  In fact, it might be a healthy thing, to quote all the relevant Town officials who have heartily endorsed this.

It’s just so over-the-top, that … well, of all the things I need to worry about right now, finding any one of a dozen ways to dodge this ham-handed law is way down on my list.

Now I have to waste my time taking a detailed look at this, and whatever else the Town is up to.