Farmer Fined for Displaying Political Billboards Critical of Marxism & Obama on Private Property
By Constitutional attorney John F. Whitehead, March 21, 2013
Attorneys for the Rutherford Institute have come to the defense of a Michigan cattle farmer who was cited and fined for displaying political banners critical of the Obama administration on a farming truck parked on his private 40-acre lot.
The banners mounted by Vern Verduin on his farm truck proclaim “Marxism/Socialism = Hunger and Poverty” and “Obama’s ‘Mission Accomplished,’ 8% Unemployment, 16 Trillion Debt.”
In censuring Verduin, Gaines Township officials insist that his political banners violate the township’s sign ordinance, which allows only business-related signs on vehicles, restricts the size to no more than 20 square feet, and limits the time period for displaying political signs from 45 days before an election to ten days past an election.
Rutherford Institute attorneys will appear in state district court on Friday, March 22, to challenge the township’s actions and sign ordinance as an unconstitutional violation of Verduin’s right to free speech, free expression and equal treatment under the law.
“Americans have a clear First Amendment right to freedom of political expression, whether that ‘expression’ takes place at a podium, on a t-shirt, a billboard, a picket sign, or on the side of a farm truck parked on private property as in the case of Vern Verduin,” said John W. Whitehead, president of The Rutherford Institute. “By denying this farmer the right to freely express his political views on his own property, no less, city officials have essentially done away with one of the key ingredients in a democracy such as ours, which is the right to freely speak our minds to and about those who represent us. It is our hope the courts will recognize and rectify this wrong.”
In September 2012, Gaines Township officials ordered Vern Verduin, who owns and operates a 40-acre cattle farm, to take down two political banners displayed on one of his farming trucks, which was parked on his private property. City officials justified their demand by pointing to the city’s sign ordinance, which permits business-related signs on vehicles, restricts political signs of more than 20 square feet, and limits the time period for displaying political signs to a time spanning 45 days before an election until ten days past an election.
Standing firm in his free speech rights and insisting that politics is a year-round discussion, Verduin continued to display the political banners and signs on his private property. At the same time, the cattle farmer called on city officials to amend the ordinance in order to better respect the rights of individuals wishing to exercise their free speech rights on private property by displaying political signs.
City officials refused to accommodate Verduin’s request, and in January 2013 cited him for violating the sign ordinance, which levies a $50 fine. In coming to Verduin’s defense, Rutherford Institute attorneys are challenging the city’s actions and its ordinance as a clear violation of Verduin’s rights under the First and Fourteenth Amendments to the United States Constitution. Institute attorneys will appear in the 63rd District Court in Kent County, Michigan at 9:45 am on Friday, March 22, to request that the charges against Verduin be dismissed.
This Press Release is also available at www.rutherford.org
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