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Council debates sign‑vandalism penalties and sign ordinance revisions amid First Amendment concerns
Summary
A council member proposed penalties for vandalism of political signs; the council debated whether criminal statutes and existing codes already cover vandalism, whether a new ordinance would be redundant, and how to keep any new sign restrictions content‑neutral to avoid First Amendment issues.
Council discussion on new criminal penalties and a revised sign ordinance took center stage during new business. A council member characterized repeated damage to political signs as an attack on free speech and urged codified consequences. Other members pushed back, arguing that general vandalism and property‑damage statutes already allow enforcement and that narrowly tailored, content‑neutral language is essential to avoid constitutional problems.
Several councilors and residents recommended separating three distinct concerns: (1) criminal vandalism enforcement (property damage), (2) aesthetic sign regulations (size, duration, illumination), and (3) content‑based limitations (which raise First Amendment questions). Borough counsel stressed the need for content neutrality in any regulation that touches expressive activity: regulations should focus on time, place and manner or on non‑expressive attributes such as size, illumination and safety.
Council agreed to direct two members to work with the sponsor and the borough attorney on a revised sign ordinance to reconcile aesthetics, safety and free‑speech protections; no ordinance vote was taken at the May 5 meeting.
