Lawyers: There's more to sign flap

WESTFALL — Depending on which attorney is telling the story, the issue about local election sign ordinances may or may not be resolved. After earlier filing for a federal injunction against eight of them, on Oct. 18 Michael Meachem issued a statement, saying a hearing for the injunction was cancelled because the municipalities had agreed to suspend their ordinances and begin negotiation to bring their ordinances into conformance with the First Amendment of the U.S. Constitution. Seven townships, Blooming Grove, Delaware, Dingman, Lackawaxen, Lehman, Shohola, and Westfall, plus Milford Borough were named. (Milford Township was erroneously named in the complaint. Meachem’s Doylestown attorney Lawrence Otter confirmed this on Oct. 31.) Meachem, the Democratic candidate for Prothonotary (chief clerk) claimed ordinances requiring fees and bonds and carrying other limitations on election signs were limiting freedom of speech. That’s not what happened, according to attorney Robert Bernathy, solicitor for Lehman and Westfall townships. “Our ordinances are constitutional,” he insisted. Bernathy said Meachem’s complaint was based on repealed, no longer valid ordinances from 2004. ”Our ordinances do not charge any fee or require any permit for posting. That is unconstitutional,” Bernathy said. “It’s important that people realize that he did not sue based on the correct documents,” he added. He said the ordinance does regulate the location, size and time frame for posting, issues, he said, that are largely related to health, safety and welfare. “For example, if signs constitute a distraction for motorists, or visual blight.” Bernathy said he spoke with Otter and, “He agreed with me regarding both my clients.” Bernathy charged that the entire Meachem statement was, “for the most part inaccurate.” “It’s troublesome, that this comes from a gentleman who wants to be the accurate keeper of county documents,” Bernathy said. Noting that he was speaking for himself, Bernathy added that in his travels around the county, after all this, “I have not seen a single Meachem sign.” If Otter agreed earlier, he didn’t agree on Wednesday. He said the ordinances his complaint was based upon were provided by the municipalities. “I got them straight from the horse’s mouth,” he said. Beyond that, there are still problems with Westfall and Lehman ordinances, regarding limitations on size, location and the time prior to elections when signs may be installed, he said. These are all constitutional issues, he added. Otter said that while the federal court date for a hearing on the injunction was cancelled, his case against the remaining seven of the municipalities continues. “Most of them have agreed to do the right thing, so there was no need for the injunction,” he said. “The case continues, because not everyone agrees.” The eighth municipality, Shohola, provided information about its ordinance revision that cleared the township, Otter said.