Then in 2014 the Council had to re-write its ill-conceived 2012 sign ordinance, which illegally censored political speech yet again.
Now that replacement sign ordinance is itself un-Constitutional, according to the local chapter of the ACLU. Union-Trib:
The local chapter of the American Civil Liberties Union filed a federal lawsuit Thursday against the city of Encinitas, arguing a municipal limit on yard signs violates the public’s right to free speech.This one is a closer call, because the new ordinance is content-neutral and courts have often allowed cities to regulate size and placement of signs so long as they don't censor based on content. Perhaps the novel issue is whether people can be restricted to expressing only two opinions at a time.
Encinitas’ sign ordinance — which restricts people from posting more than two temporary signs, except during election seasons — tramples on “the hallowed right of homeowners to speak out to their communities and neighbors,” according to the lawsuit.
“There’s no justification for this arbitrary and draconian cap,” said David Loy, legal director of the ACLU of San Diego & Imperial Counties.
The suit seeks to have the two-sign cap and any efforts to enforce it declared unconstitutional. It also seeks the recovery of attorneys’ fees and “such other relief as the court deems proper.”