Southold limits political sign displays on lawns and roadways

The Southold Town Board approved new limits on political signs to curb "excessive" displays that populate the town's lawns and roads in the runup to Election Day — and resemble litter in the days after.

The town board on Tuesday voted 5-0 on several restrictions to the placement of political signs. The measure limits signs to 32 square feet, bans electronic and flashing signs, and requires them to be securely fastened so they don't blow away. Signs cannot be placed on town property.

The town balked at imposing other restrictions that officials introduced in an earlier version of the bill. Those required candidates or political parties to pay a security deposit before installing signs, and prohibited placing signs before Labor Day. The earlier version required the signs to be removed by 10 days after the election.

Councilman Greg Doroski said during the meeting that officials arrived at a "good consensus" that addresses "a significant quality of life concern." The updated measure also acknowledges "the importance of protected political speech that’s enshrined in the Constitution," Doroski said. He added that the town had found "a good balance between the messiness at times of democracy and the need to maintain order and cleanliness." 

The proposal generated criticism from some town residents and political observers and party officials who said the law could encroach on free speech and be difficult to enforce.

The Foundation for Individual Rights and Expression, a Philadelphia-based nonprofit, sent a letter to the town board on Monday opposing the original measure.

The group said the law imposed "unconstitutional restrictions" and violated protections offered by the First Amendment. They noted that a 2015 Supreme Court decision, Reed v. Town of Gilbert, prohibits the regulation of signs based on their content.

"To comply with its constitutional obligations, Southold must amend its ordinance, not to encompass 'political signs,' but so that residents can freely express themselves on their own property," M. Brennen VanderVeen, an attorney for the nonprofit, said in the letter.

"That is not to say Southold cannot address legitimate concerns related to signage," he said. He noted the town can "pursue goals such as traffic safety without discriminating among signs based on content."

Town Supervisor Al Krupski, a Democrat in his first term and a former Suffolk County legislator, said in the meeting that the town had deleted portions of the earlier proposal to satisfy concerns about its constitutionality.

Town Attorney Paul DeChance said in an interview that people "initially misread the legislation as attempting to regulate free speech."

"It doesn’t do that. It attempts to deal with issues concerning the garbage and debris left in roadways and dealing with issues of visibility when driving," DeChance said.