CONTRA COSTA COUNTY, CA — A retired school teacher is suing the county after officials ordered him to remove dozens of signs and flags from his property following complaints from neighbors, according to NBC Bay Area.
The county cited violations of its sign ordinance, while the American Civil Liberties Union argues the order violated the protected free speech rights of the man, Davi Luks.
Emily Rance, a 13-year-old seventh grader, told NBC Bay Area the property displayed upside-down American flags, “Nazi flags” and other racist messages near her school.
“Those signs were not good to look at, it did not feel comfortable,” a parent, David Lama, told the station.
County officials said the enforcement action targeted the number and placement of the displays — not their content. John Gioia told NBC Bay Area the property exceeded limits set under the county’s sign ordinance.
According to the ordinance, residents are limited to one flagpole and three flags per lot. The rules also prohibit fence-mounted signs and freestanding signs within 1,000 feet of a school, park or playground.
The ACLU contends those restrictions go too far. Attorney Shaila Nathu told NBC Bay Area that displaying signs on private property represents a long-recognized form of protected speech under the First Amendment.
The lawsuit seeks reimbursement for the $4,300 fine Luks paid and asks the court to allow him to restore the signs and flags to his property. Contra Costa County maintains the ordinance is lawful.
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