APOPKA, Fla. – Apopka’s rules limiting when campaign signs can be displayed are facing scrutiny, with a candidate for mayor arguing the restrictions are a clear violation of the First Amendment.
The temporary sign ordinance prohibits signs prior to qualifying, but attorney and Apopka mayoral candidate Matt Aungst says the policy goes too far and is unconstitutional.
“This is not about just the Constitution and not just the First Amendment, it’s about what you can and cannot put on your own private property,” Aungst said. “When you actually read the ordinance as an attorney, alarm bells do go off when you’re talking about regulation of speech.”
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Aungst said the dispute began after he received an email from the city clerk, saying “there are to be no campaign signs placed prior to qualifying” and that the signs need to be picked up “immediately to avoid having code enforcement pick them up.”
“I think that email came because someone took a picture of the one sign that was out,” he said. “I’ve had signs for quite a time. I had chosen not to (give them out) until I did the legal research. The one sign that was out was actually by the gentleman who made my signs for me and it’s at his house.”
He argues the ordinance mirrors rules that the U.S. Supreme Court struck down a decade ago as content-based restrictions on free speech.
“That Supreme Court case is a very interesting case in that you had a 9-0 unanimous decision back in 2015 that said this exact kind of ordinance is unconstitutional,” Aungst added.
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Aungst sent a letter to Mayor Bryan Nelson calling the ordinance “patently unconstitutional,” urging him to suspend enforcement and to “place the matter on the next council agenda for immediate repeal.”
The following day, the city clerk told Aungst to disregard the prior email related to the campaign signs.
“I took it as they are suspending enforcement of that ordinance,” Aungst said. “I’ve already had people reach out for signs. I’ve given signs to people at this point. I think we’re on good legal footing, and if enforcement is taken upon them, I intend to protect their rights.”
At a recent council meeting, Apopka’s city attorney said his office is reviewing the ordinance and will back recommendations to commissioners.
The council is scheduled to meet again on Sept. 17.