Wilmington Won't - And Probably Can't - Enforce Yard Sign Law

WILMINGTON, MA -- Town Manager Jeffrey Hull said a bylaw which prohibits the display of yard signs on private property more than 45 days ahead of an election is probably "probably unenforceable" thanks to a "recent" Supreme Court decision. The recent decision Hull referred to but did not name in his Friday afternoon public notice was Reed v. Town of Gilbert, Arizona, a 2015 decision which banned towns from imposing content-based restrictions on signs unless they could demonstrate "a compelling government interest" to do so.

"As a consequence, the Town will not be taking any action at this time to enforce that by-law as it relates to the display of election signs," Hull wrote Friday afternoon, noting that signs have already started appearing for the upcoming state representatives race. The race has drawn nine candidates, including six Democrats and two Republicans who will face off in a September primary.

The Reed decision actually stemmed from a municipal code that imposed stricter rules on religious signage than signs that displayed "political" or "ideological" messages. But the majority opinion by Justice Clarence Thomas has been interpreted to apply to a wide range of activities protected under the First Amendment's right to free speech. In many municipalities, for example, panhandling regulations are being rewritten as a result of Reed.

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Photo by Dave Copeland/Patch.

Dave Copeland can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).