Napolitano signs bills to limit ability of cities to regulate “sign walkers”

By Howard Fischer
Capitol Media Services
Published/Last Modified on Wednesday, March 26, 2008 3:06 PM MDT


PHOENIX — Cities will soon lose their right to absolutely ban people from walking around sidewalks carrying signs with messages as diverse as “The End Is Near’’ to “Eat at Sam’s.’’


 Gov. Janet Napolitano signed legislation Tuesday which says all cities must allow “sign walkers.’’ These are people who stand on sidewalks and hold signs directing passing motorists to new home developments, auto dealerships and furniture stores.

 But the issue has taken on broader First Amendment implications with questions of whether even a hand-carried sign which reads “Jesus Loves You’’ is legal.

 Napolitano’s decision to approve this measure is a victory for Rep. Bob Robson, R-Chandler, who took up the cause a year ago when Scottsdale officials said their city ordinances prevents people from being in the public right of way while carrying signs. That includes sidewalks.

 It also is an about-face for the governor who vetoed a similar bill last year.

 Robson said the law, which will take effect next year, “allows for a person to exercise First Amendment right without fear of being cited or arrested.’’

 Sign walkers have become popular in a number of Arizona communities as home builders, retailers and others look for new ways to generate business. Several companies contract with these businesses and then go out and hire individuals to stand on the sidewalks and hold the signs.

 The fight started when Jim Torgeson, who owns JetMedia Productions, found his workers being cited by Scottsdale. City officials said they were both blocking pedestrian traffic as well as distracting drivers.

 Gilbert also cited Torgeson’s company for violating that city’s sign code. So Torgeson responded with a protest of his own: He had some of his workers carry “Jesus Loves You’’ signs, figuring the town would not try to block a religious message.

 While town officials stopped to ask questions, no citation was issued.

 Rather than wage court fights, Torgeson convinced Robson to deal with the issue legislatively.

 The new law still allows cities to “adopt reasonable time, place and manner regulations’’ of sign walkers. Robson said that ensures communities can protect public safety. “Let’s say you have somebody on the corner and they’re holding a sign and they could be a visual obstruction,’’ he said. “So they could ask the person to move 25 feet.’’

 Scottsdale spokesman Pat Dodds said the city opposed the bill on the basis that it preempted local control and it s not a one-size-fits-all issue. “Different cities and towns should be allowed to decide for themselves whether they want to allow for that activity,’’ Dodds said. He said Scottsdale will review the law and decide whether to craft new sign regulations to comply or simply try to modify the existing rules.

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