(Calif.) Judge says San Carlos can ban a Sarah Palin billboard along Highway 101

[Newsjock]

Source: San Jose Mercury News

A federal judge Monday dismissed a Nevada man's lawsuit that claimed San Carlos officials violated his free speech rights when they rejected his application to build a "Palin for President" billboard in the city alongside Highway 101.

The ruling by U.S. District Court Judge Marilyn Patel blocks an effort by Jeffrey Herson to build the large sign next to the freeway, to the relief of city officials, who say San Carlos has prohibited billboard structures for decades.

... The case pitted Herson's claim that his constitutional rights were violated against the city's contention that he was simply using former Republican vice presidential candidate Sarah Palin's name and the free speech argument to distract from his goal of building a billboard for commercial ads.

Dennis Zell, an attorney who represented Herson, said his client was disappointed but "highly likely" to appeal the ruling.

Read more: http://www.mercurynews.com/breaking-news/ci_14870627

[Tumbulu]

1. Thank you judge Patel (nt)

[junior college]

2. Apparently they never have allowed billboards there so this isn't a free speeche issue

I do recall seeing billboards along that stretch of 101 but perhaps it was in Belmont

[No Elephants]

6. It's a local zoning issue, but also a free speech issue.

There was a zoning case in the Sixties or Seventies that went to the SCOTUS. The ordinance put a limit on the number of people who could live in a dwelling if they were not related to each other by blood or marriage. Very straightforward. The SCOTUS held the First Amendment right of "freedom of association" had been violated. True, that was a very different SCOTUS than this one.

And, of course, zoning ordinances often involve religious beliefs. "No butchering of animals in this zone" for instance--also very straightforward--gets tested by religions that sacrifice animals or read animal entrails, or whatever. Unfortunately, I don't know how those cases come out. You read about them when the challenge is first made, but the decision sometimes does not cause as much discussion.

[tomm2thumbs]

3. I think someone will put up a 'Palin for Dogcatcher' sign next to it anyway

I apologize to dogs everywhere, in advance.

[chollybocker]

4. I guess he ran out of room on his private lawn.

[Democat]

5. The right wing Supreme Court will probably have an emergency session!

Government must not infringe on the rights of Republicans to hold office, elected or not!