The New York Civil Liberties Union today urged the Cortland Common Council to take action to amend a city zoning ordinance that places unconstitutional restrictions on residents' ability to place political signs on their property.

“It's time for the Common Council to stop talking about this ordinance, and act to fix it,” said Barrie Gewanter, director of the NYCLU”s Central New York Chapter. “Council members cannot address the constitutional violations at issue through silence and inaction. Some simple changes would protect people's free speech rights.”

Gewanter will address the Common Council at its regular meeting a 7 p.m. tonight in Cortland.

Prior to the September primary elections, Cortland residents and political candidates contacted the NYCLU with concerns about the city's sign ordinance, which bars homeowners from displaying more than one temporary sign on their property unless they first obtain a permit for $10. Those who violate the ordinance are subject to $250 fine.

In a Sept. 2 letter to city officials, the NYCLU explained that the U.S. Supreme Court has long recognized that candidate yard signs are a “unique medium of core political speech at the heart of the First Amendment's guarantee of the right to free expression.” It cited a series of case law showing that limiting people to one yard sign imposes impermissible burdens on the free speech rights of homeowners and candidates for office. Since that time, the city has refrained from enforcing the ordinance, but three months have passed without the Common Council taking action to amend it.

Several revisions to the ordinance have been proposed and incorporated into a revised draft of the ordinance. However, several council members continue to delay action to finalize the revisions and bring the revised draft to a vote. An ad-hoc committee suggested by Mayor Susan Feiszli has met and proposed two last revisions to the ordinance. The council should direct the city attorney to incorporate one or both of these last revisions so that the revised law can be brought to a vote.

“The people of Cortland should not have to wait any longer for their Common Council to take action to ensure their rights to political speech,” Gewanter said.