Bedford Minuteman
Wednesday, July 23, 2003

Letter: Headline was misleading

Scores of Hanscom-area citizens do not want FedEx airbuses to fly in and out of the Hanscom civilian airfield. By putting up the yellow and red "No FedEx at Hanscom" lawn signs, these citizens are publicly declaring their dissent and solidarity.

The front page article in the July 16 issue of the Bedford Minuteman "Fines for Signs?" leads people to conclude that they will be fined for displaying such signs. This article did a disservice to the Bedford readership by neglecting to mention a key fact regarding the constitutionality of Bedford's lawn sign bylaw.

The fact of the matter is that while the Section 39 of the Bedford General Byaws may remain on the books, the fines cannot be enforced. Code enforcement officer Mr. Laskey will be wasting postage with his warning letters and fine-related letters. Lawn signs are protected by the Constitution.

The Supreme Court unanimously has held (City of Ladue et al., petitioners v. Margaret P. Gilleo 1994) that the first amendment forbids cities and towns from prohibiting yard signs that convey political messages. Any town bylaw to the contrary is clearly and unquestionably unenforceable.

Lexington has recently amended its bylaws to reflect the Supreme Court's decision. It has set aside outright prohibition of message signs and instead has set reasonable standards (size, location, number etc.) for their display. Bedford needs to do the same.

But in the meantime, these bylaws forbidding all political signs are of no force or effect.

The lawn sign bylaw is unenforceable. Signs do not have to come down. People will not have to pay fines.

The bottom line is that Americans everywhere should have no fear of exercising free speech via signs on their own property as long as these signs do not create traffic hazards nor interfere with commerce.

I am fully confident that the Bedford selectmen and town counsel will uphold the US Constitution and direct Mr. Laskey not to harass people who are exercising their First Amendment rights.

Bedford's lawn sign prohibition bylaw can and will be amended. But in the meantime, it cannot be enforced.

Lori Eggert
Bonnievale Drive

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