Advertisement The issue came up at the subcommittee meeting Tuesday as a result of messages on an electronic sign owned by Del’s Auto Repair on Main Street. During the Onalaska mayoral campaign, the business displayed messages supporting Bob Muth for mayor.
The dilemma for the city is that there is an ordinance about how high signs can be, how often the messages can be flashed, etc. “But our ordinance doesn’t address content,” said Jason Gilman, the city’s land use and development director.
Subcommittee members were concerned about delving into the content of signs as that raises free speech and constitutional issues. It will be on the agenda for the full Plan Commission Tuesday night.
Gilman presented an example of a court ruling in New Hampshire where a city took a local car wash business to court because it was displaying information that was not related to the business.
In this case, the trial court ruled in favor of the business, but the city appealed and the circuit court overturned the initial ruling saying that the city had an interest in preserving the aesthetic character of the community.
Under Onalaska’s ordinances, electronic signs may be used only to advertise activities conducted on the premises or, if not related to the business, to present public service information such as time and temperature. That would seem to prohibit putting political endorsements on them.
Gilman said the judge rendering the opinion said the only way to effectively regulate electronic signs is to forbid them.
The Supreme Court has ruled that content-based legislation is unconstitutional unless the content is obscene, libelous or violates community standards. Political speech is especially protected.
Skip Temte, who asked for the item to be put on the agenda, is concerned about the proliferation of signs that can’t be controlled.
“We thought we had signs under control. Apparently not,” Temte said. “Those kind of messages are not what the sign was intended for. Jason did the research and there seems to be a legal matter.”
Temte went on to say he was concerned about being continually bombarded by candidates for office, whether local, state or national office.
“This gives more ways for people to make money,” he said. “These signs can be sold to anyone. I think we should forbid any more electronic signs because we can’t control what is being put on them.”
“It’s a perplexing problem for me,” said newly elected Mayor Mike Giese. “I’m very sensitive to free speech, and especially political speech. It’s in the interest of the community to preserve the character of the community. On that issue it strikes a cord with me.
“It’s impossible to craft an ordinance that’s specific and not too general,” Giese continued. “Free speech issues will always overrule. The most prudent thing to do is to wait and see what happens with court rulings.”
Temte seemed a little less patient. “We should be proactive. I think we should have a moratorium on any more (signs) until these issues get resolved.”
Gilman said copies of some relevant court cases would be available at Tuesday night’s Plan Commission meeting.
Property complaint
Complaints about the property owned by Judith Fox and Le Fox Hair Studio were discussed as well. Gilman said he conducted an inspection of the property at 644 Second Ave. N. on Monday after receiving a written complaint.
“The exterior is substantially in compliance with current ordinance,” Gilman said. He added there was one issue with a sign that was moved to the front. Other than having a sign where it shouldn’t have been, Gilman reported the owners have cleaned up the exterior of the property.
However, Gilman added, there were a number of items stored outside, but he said he felt the city couldn’t do anything about them. “There’s an ATV, a bicycle, a pickup camper, wheelbarrow, skateboard ramp and hockey goal and those are all things city would not normally make decisions about.”
Section 11-3-5 of the city code of ordinances says: “No person shall store junked or discarded property including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly debris which substantially depreciates property values in the neighborhood unless a license under Chapter 16 of Title 7 has issued by the Common Council.”
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