Attorney sees signs as freedom of speech
GUEST EDITORIAL
MOSES LAKE — First and foremost the sign ordinance issue is non-partisan. It is a constitutional issue and should be of concern to all citizens of Moses Lake. It represents yet another instance of the continued chipping away of our constitutional rights, specifically our right to free speech.
Political signs have always been allowed on city property in Moses Lake until this year. On Aug. 11 the city council changed the municipal sign ordinance, without vote, without reading, and without a new ordinance being adopted. Although no new ordinance has been adopted, the city unilaterally decided to change the interpretation of the existing ordinance to prohibit the posting of political signs on public property despite the fact that each member of the current city council posted campaign signs in years past on public property. This new interpretation is already being carried out by the city.
At the council meeting on Aug. 11, the city decided not to open the sign ordinance issues for public input and left the matter tabled indefinitely. Mr. Gavinski, the city manager, was asked if political signs would be allowed on public property as they always had been under the existing ordinance. At that time, the city had a perfect opportunity to rectify their actions and remedy the wrong. Unfortunately, Mr. Gavinski’s answer was, “no,” thereby directly and publicly proclaiming a new interpretation of the existing ordinance. The city council failed to put on the record the fact that Mr. Gavinski, city attorney Jim Whitaker, Mayor Covey and the council members received a letter from the American Civil Liberties Union on Aug. 10 which advised them that the city’s ban on political signs is unconstitutional. The letter is printed here. And after being advised that the new interpretation of the existing ordinance is unconstitutional (as well as the proposed new ordinance prohibiting political signs), the city was then informed that interpreting the old statute in an unconstitutional manner subjected the city to potential liability by the citizens of Moses Lake whose constitutional rights have been violated and continue to be violated. When Mayor Covey asked Mr. Whitaker if this was correct, Mr. Whitaker answered in the affirmative. After some discussion as to whether or not the constitutional and liability issues should then be opened for discussion, council voted. The council was again presented with an opportunity to remedy the wrong. Thank you Jon Lane and James Liebrecht who voted to discuss the legal issues and hear from the citizens of Moses Lake. Council members Ecret, Reese, Pearce and Mayor Covey voted not to discuss the legal issues. Mayor Covey put an end to the discussion and allowed the new interpretation as stated by Mr. Gavinski to stand without the voicing of opposition and or vote. When confronted with the position Mayor Covey took in light of the fact that he had specifically indicated he would accept more research and information, Mayor Covey had no specific answer.
The concerned citizens, including former mayor Daryl Jackson, who were in attendance and who had asked to be heard on the issue were denied due process.
At present, citizens of this City and candidates running for office are having their First Amendment right to free speech violated by the City of Moses Lake as a result of the city’s absolute ban on the posting of political signs on public property in the absence of a compelling city interest.
Whether it is an unconstitutional interpretation of an old ordinance or the writing of a new unconstitutional ordinance, both are unconstitutional. The city has left itself open to suit, claims for damages and attorney’s fees. I know that I do not stand alone in my dissatisfaction with the action of the majority of the council and the city manager. It is my hope that We the people who believe in the Constitution and the foundation of our democracy will stand up to those who attempt to destroy it with unconstitutional, uninformed and misguided action.