Tumwater Man Asks Court to Halt Enforcement of Tumwater’s Ban on Political Signs

BY: JESSICA BOWMAN, FREEDOM FOUNDATION
On Monday, Barney McClanahan asked a federal judge to order the City of Tumwater to stop removing free speech signs from along streets and sidewalks.
Tumwater business owner Barney McClanahan filed suit against the City of Tumwater earlier this year arguing that Tumwater violated his free speech rights by removing a political sign from his business property.  McClanahan posted a sign for the campaign, “Stop Taking Our Property,” a movement against Thurston County property regulations, to show his support of the effort.  “They stole my voice,” McClanahan said.  City of Tumwater employees told McClanahan his sign was located in the public right-of-way, and therefore was in violation of the Tumwater Municipal Code.
The case against the City of Tumwater’s sign ordinance was originally filed in Thurston County Superior Court on August 11, 2011, and was later transferred to federal court.
The Motion for Preliminary Injunction requests that the judge temporarily order the City of Tumwater and its employees from enforcing the sign ordinance until the case is resolved.
“Our motion points out that there is substantial case law protecting free speech activity such as the sign that Barney McClanahan posted,“ said Michael Reitz, general counsel of the Freedom Foundation, who represents McClanahan.  “The First Amendment provides expansive protection of speech about government activities.  In our motion we argue that Tumwater cannot justify its restriction on speech.”
McClanahan’s Motion for Preliminary Injunction was supported by several former candidates who filed declarations testifying that Tumwater removed their campaign signs in local elections.  Declarations were submitted by former Thurston County Commissioner candidate Pat Beehler, former Mayor of Tumwater and State House of Representatives candidate Justin Kover, and former Port of Olympia Commissioner candidate Will Stakelin.
The case is Barney McClanahan v. City of Tumwater, No. 3:11-cv-05623-RBL, United States District Court, Western District of Washington.  The Motion for Preliminary Injunction is scheduled to be heard on October 28, 2011.  The case is assigned to the Honorable Judge Ronald B. Leighton.