Barrington has lawn sign law — but can’t enforce it

Town’s attorney says the ‘temporary’ lawn sign law is ‘unenforceable’ — political speech is protected

By Josh Bickford
Posted 2/9/21

Hate Has No Home Here. Keep Politics Off The Pole. Black Lives Matter.

There are countless signs scattered in lawns throughout Barrington, and according to the town’s attorney, those signs …

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Barrington has lawn sign law — but can’t enforce it

Town’s attorney says the ‘temporary’ lawn sign law is ‘unenforceable’ — political speech is protected

Posted

Hate Has No Home Here. Keep Politics Off The Pole. Black Lives Matter.

There are countless signs scattered in lawns throughout Barrington, and according to the town’s attorney, those signs can remain in perpetuity.

A former member of the Barrington Town Council and longtime member of the Democratic Town Committee in Barrington wrote a letter to the editor last week reminding people that there is an ordinance in Barrington restricting the length of time a resident can keep a political lawn sign or special event sign posted in their yard.

“Special event signs (election signs) can be put up six weeks before the event,” wrote Mary Alyce Gasbarro. “They are to be removed four days after the event. If anyone still has an election sign on their property at this time, they are in violation of the town ordinance. This ordinance applies to many of the other ‘special’ signs that have been in peoples yards for months.”

This week, a member of the town’s legal firm offered some insight into the town’s ordinance. Amy Goins, an attorney for Ursillo, Teitz and Ritch, wrote that while Ms. Gasbarro is correct — there is an ordinance on the books restricting how long a sign may remain in place in Barrington — a precedent from the U.S. Supreme Court makes the local law “unenforceable.”

“Specifically, because political speech, including lawn signs, can only be regulated by size and location (not content) for public safety purposes, the temporal restrictions of the ordinance are unenforceable,” Ms. Goins wrote in an email to the Barrington Times. “The restriction that lawn signs may not be placed more than six weeks before or remain up more than four days after an election is thus unenforceable.”

Ms. Goins also wrote that there is likely to be an amendment to that town ordinance in the near future.

In fact, Barrington Town Councilor Jacob Brier wrote in a recent email that he has filed an amendment to the law, which would make lawn signs legal. His email — a widely distributed note that includes his summary of the recent council meeting — referenced a recent effort to offer “I Stand With Candace” lawn signs to residents.

Candace is Candace Breen, a Barrington resident whose family received an angry letter from a neighbor asking for her to remove her “Biden” and “Black Lives Matter” signs. Ms. Breen, who is African American, said she has never had a Biden sign, but was very disturbed by the letter. A few of Ms. Breen’s neighbors also received the letter.

“It was very hurtful,” Ms. Breen said of the letter. “They don’t know what it’s like to feel unwelcome … that you don’t belong.”

Another rally this weekend

In his email, Mr. Brier wrote that on Saturday Ms. Breen was again the victim of racism.

“Sadly, just yesterday, three teens in town yelled racist, hateful words as they walked past her home,” Mr. Brier wrote. “In response, Black Lives Matter Rhode Island plans to return to Barrington next Saturday to call out these continued acts of hatred against people of color in our town. I’ve been invited to speak and intend to do so. First and foremost, I want to ensure all members of our community who experience hate and discrimination know that they are not alone or forgotten. I stand with them and work for them. I intend to also share my hopes that we will soon seize the opportunities that await us, in a more welcoming, inclusive and loving community.”

Mr. Brier also wrote that some “generous members of the community” purchased dozens of “I Stand With Candace” lawn signs.

“…they can be picked up at The Book Nerd, while supplies last,” he wrote. “Donations made there can help order more.”

Mr. Brier added: “(It’s worth noting that technically lawn signs are against our code of ordinances. The sign ordinance hasn’t been enforced during the pandemic, and I’ve filed an amendment that makes them legal; up to 6 sq. ft. each, with no more than 18’ in aggregate — or 3 standard signs).”

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A lifelong Portsmouth resident, Jim graduated from Portsmouth High School in 1982 and earned a journalism degree from the University of Rhode Island in 1986. He's worked two different stints at East Bay Newspapers, for a total of 18 years with the company so far. When not running all over town bringing you the news from Portsmouth, Jim listens to lots and lots and lots of music, watches obscure silent films from the '20s and usually has three books going at once. He also loves to cook crazy New Orleans dishes for his wife of 25 years, Michelle, and their two sons, Jake and Max.