The ACLU of Iowa is assisting two Windsor Heights homeowners who were ordered to take down signs from their property that were critical of city government.
A demand letter was sent informing the city that it must allow the homeowners to put up the signs and it must not continue to unconstitutionally censor homeowner signs.
In the first case, Marijetka and James Orr hung a professionally made vinyl banner on their front porch, tied securely into place at all four corners. It read “No Concrete! 96 Percent said No. Save the Green Space!”
The next morning, the Orrs left for vacation. Before they left, the family had notified the Windsor Heights Police Department that they would be gone on vacation so that the police could check on the home.
A few days later while the Orrs were still on vacation, the city sent them a “notice to abate” letter, claiming that the sign was a “nuisance,” and stating that the Orrs were required to remove the sign “immediately.” Mere hours later, that same day, city officials came and took down the banner from the porch without the Orrs’ permission.
In the second case, the Orrs’ neighbors, Mike Miller and Diane Foss, were upset with the city’s actions against the Orrs. In response, Miller and Foss put up in their front yard a small sign, which read “City Hall Run Amok.” Soon after, they received their own letter, demanding they remove the sign or be fined up to $1,000 a day.
The ACLU sent a demand letter to the City of Windsor Heights. The letter informs the city that its actions in ordering the signs’ removal is a violation of the homeowners’ First Amendment rights. The letter also seeks resolution of the matter by noon on the day of the scheduled hearing August 21.
The issue of installing sidewalks for the first time in Windsor Heights has been extremely contentious in that community. Many residents object to having sidewalks put in for various reasons and arguments for and against sidewalks in the community have been raging for months. Signs and posters on the issue, as well as other political and business signs, can be seen throughout the neighborhood, including on the mayor’s and a city councilperson’s property.
Rita Bettis, ACLU of Iowa legal director, said, "The ACLU takes no position on the sidewalk issue itself, of course. But whatever one thinks about the sidewalks, the City of Windsor Heights should champion the right of its residents to peacefully express those thoughts and opinions, not censor them. The First Amendment protects most strongly exactly this kind of speech, which is critical of the decisions of government officials.”