Threatened with lawsuits, Boulder City puts hold on law limiting political signs

By Dylan Scott

Wednesday, March 23, 2011 | 2:05 a.m.

The Boulder City Council voted on Tuesday to put a moratorium on enforcement of an ordinance limiting residents to placing no more than two political signs in their yards during election seasons.

The moratorium is aimed at avoiding any potential litigation from the Nevada American Civil Liberties Union, which contacted City Attorney Dave Olsen to tell him the group believes the ordinance is unconstitutional.

During a council meeting on March 8, Olsen had suggested the ordinance was unconstitutionally vague and asked for the moratorium.

The council’s vote then was split, as members did not agree on how long the moratorium should remain in effect. Olsen then drafted a new resolution for the council to consider at Tuesday’s meeting, which limits the moratorium to the current election cycle.

Adding to the urgency, Olsen received a phone call from Allen Lichtenstein, general counsel for the Nevada ACLU, earlier on Tuesday, he said.

Lichtenstein agreed with Olsen’s opinion on the ordinance and advised himnthat, if the city attempted to enforce it, the organization would be forced to consider filing a lawsuit against the city for infringing on the First Amendment right to free speech.

City Manager Vicki Mayes said she has also been told by two property owners that they would sue the city if told to take down their signs.

It is “an unenforceable law,” Olsen said. “This places the city on much firmer ground with regard to civil rights and free speech.”

The council passed the moratorium unanimously. Olsen said he plans to bring an amended ordinance back to the council by the end of the election cycle in June.

At least 80 properties in Boulder City are in violation of the ordinance, Mayes said. If the moratorium had not been passed, Olsen said, violators would have been subject to fines up to $1,000, as they would be charged with a misdemeanor in municipal court.

Pursuing those charges, Olsen said, would “give those property owners standing to file a lawsuit.”

Under the moratorium, residents are allowed to place an unlimited number of signs under 6 square feet on their property. They are also allowed one sign of up to 14 square feet.