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Draper won't enforce political-sign law
This is an archived article that was published on sltrib.com in 2004, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The grass in the parking strip still must be cut and drivers have to be able to see around the corner when they pull up to a stop sign. But, otherwise, political signs of all varieties won't be swept off private lawns in Draper - at least not by the city.

Draper City has agreed not to enforce a city code that could be interpreted as prohibiting political signs during the election season. The decision comes after the American Civil Liberties Union filed a suit Tuesday, arguing that vague wording in a city ordinance violated homeowners' First Amendment rights.

"The city contacted us immediately after we filed the suit and agreed to a stipulation not to enforce the code between now and November 2," says ACLU staff lawyer Margaret Plane. "It reserved the right to leave everything else to be settled in court at a later date."

The suit claims Draper's code violates free-speech rights by prohibiting campaign signs on both public and private property more than 30 days before an election.

The code, however, allows candidates who put up signs for a primary election to keep their signs up from June primaries until the Nov. 2 finals.

In the gubernatorial race, for instance, Republican Jon Huntsman Jr., who participated in the June primary, has had signs up all summer. Democrat Scott Matheson Jr., who had no primary opponent, had to wait until the month before the election.

Plane contends the ordinance is so vague it could also extend to someone who installs a "We Support Our Troops" sign in their yard.

"Sometimes these ordinances get passed because the communities are thinking about commercial billboards, and it's not until someone starts enforcing to that degree that a problem arises," Plane said. "There are a number of cities that have similar ordinances. We filed against Draper because the time limits were so egregious."

Draper City Manager Eric Keck says a more definitive change in the ordinance is under way.

"Our city attorney examined the law and found it to be ambiguous to the point it could have been interpreted as being unconstitutional," Keck said. "It was never our intention to remove [signs] from private property."

lorib@sltrib.com

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