ACLU Opposes Narrow Protection for Thin Blue Line Flags in HOA Settings; Urges Broader Speech Safeguards

The ACLU of Ohio told the House Government Oversight Committee it opposes House Bill 75, legislation that would restrict homeowners associations, condominium associations, mobile home park operators and private landlords from policing displays of thin blue line flags and emblems when those properties otherwise regulate displays.

Gary Daniels of the ACLU of Ohio said the organization “appreciates legal and statutory protections of speech,” but opposed HB 75 because it protects a single category of expression. “When government puts its finger on the speech scale, as it does with HB 75, it creates first amendment problems,” Daniels testified, urging the committee to reject the bill unless its protections are broadened to cover all messages equally.

Daniels explained the ACLU’s position that if the legislature provides statutory protection for one type of political or symbolic expression, it must apply the same protection to other, potentially opposing messages to avoid constitutional problems. He told members the group would support a broader measure that protected “all political signs” or all speech categories in similar locations, and said he would research how other states handle comparable issues.

During questions, Vice Chair Ferguson and Representative Rader asked whether broader language could resolve the constitutional concerns and whether courts have yet resolved similar challenges; Daniels said he would research other states’ approaches and legal outcomes and report back to the committee. He noted HB 16, a separate bill about political signs, as an example of broader, content-neutral protection the ACLU supports.

No committee vote was held; the hearing concluded after the ACLU testimony and questions.