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Rock Springs council weighs uniform sign limits, schedules October resolution on Broadway Theater wall
Summary
At a Sept. 17 special meeting the council debated whether to ban or allow signs in the right of way after complaints about political signage; the city attorney said right-of-way signs are core political speech and must be treated uniformly, and a resolution on the Broadway Theater wall is scheduled for Oct. 1, 2024.
Rock Springs Mayor Max Mickelson opened a Sept. 17 special meeting by asking the City Council how it should respond to community concerns about signs and people soliciting donations in the public right of way.
Rick Beckwith, the city attorney, told the council that signs placed in the right of way are "core political speech" and therefore treated as a public forum; under that legal framework, Beckwith said, the city may only enforce its ordinance that prohibits placing signs in the right of way and cannot selectively allow some signs while banning others.
"All we can do is enforce the ordinance that says you cannot place signs in the right of way," Beckwith said. "If the answer is no to one, the answer must be no to all." Councilors Jeannie Demas and Randy Hanson asked whether the individual at issue was violating the law; Beckwith said the person need not hold a business license for collecting donations but cannot place items on private property or in the right of way.
Councilor Tim Robinson asked whether the city should revise its ordinances to make sign rules clearer. Paul Kauchich, director of engineering, cautioned that regulatory traffic-control devices — for example, traffic lights — are not lawful locations for signage because of traffic-safety rules.
Several councilors urged a measured approach rather than a strict ban. "Allowing signs is part of our community," Councilor Rob Zotti said, echoed by Councilor Brent Bettolo and Councilor Jeannie Demas, who suggested alternatives such as a moving canvas or framed playbills to preserve recognition traditions without expanding right-of-way signage.
Mayor Mickelson raised a separate but related concern about signatures on the Broadway Theater’s interior wall, saying he was uncomfortable with treating that practice as a special exemption when other cultural expressions (such as spray-painting at a skate park) are not permitted. Councilors discussed options including grandfathering the existing Broadway wall, requiring permission for signatures, or creating a new tradition to replace or complement the wall.
Council members agreed to draft a resolution addressing the Broadway Theater wall; the resolution is scheduled for consideration at the Oct. 1, 2024 City Council meeting.
No ordinance changes or votes were taken at the special meeting; council members asked staff and legal counsel to return with clearer options for uniform enforcement and for a resolution on the Broadway matter.
