HARRISBURG – In the lead-up to Election Day, a Republican group and two local voters in Camp Hill are challenging the borough’s sign ordinance, which they allege violates their First Amendment rights to free speech under the U.S. Constitution.
Camp Hill Borough Republican Association, Caroline Machiraju and Katherine Pearson filed suit in the U.S. District Court for the Middle District of Pennsylvania on Oct. 25 versus the Borough of Camp Hill, its Council President Alissa Packer, its Borough Manager Sarah Gibson and its Code Enforcement Officer Colton Weichman. All parties are of Camp Hill.
The purpose of the sign ordinance, adopted by the Camp Hill Borough Council in December 2021, is to regulate how, when and where signs are placed, and not limit what the signs themselves depict.
But the plaintiffs say that the ordinance, which limits the number of signs which may be placed on a citizen’s property – and carries a punitive $1,000 fine per instance, per day for violating it and failing to respond to subsequent code enforcement notices – are unconstitutional under the First Amendment.
Both Machiraju and Pearson were cited for violating the ordinance, as Machiraju had placed more than two political yards signs (the allowable limit prescribed by the ordinance) on her lawn and while Pearson had placed only two signs on her property, she put them out more than 60 days prior to Election Day (also prohibited by the ordinance).
While the initial filing of the suit was accompanied by a motion from the plaintiffs for a temporary restraining order and preliminary injunction, this was rescinded two days later on Oct. 27 without prejudice – through a stipulated injunction agreed to by all parties, but one which stops short of admitting liability.
According to that stipulation, the Borough of Camp Hill decreed it will not enforce the two-sign limit and sign visibility 60 days prior to Election Day-window of the sign ordinance, until Jan. 31 of next year, in order to provide time for litigation.
However, all parties further agreed that the Borough of Camp Hill retains its right to enforce all other provisions of the sign ordinance, including but not limited to restrictions as to the size of signs, and that the agreement does not constitute a waiver of the Borough’s legal defenses.
“Finally, the parties agree that, as to the issuance of this stipulated preliminary injunction order, the plaintiffs’ obligation pursuant to Federal Rule of Civil Procedure 65(c) to provide security in amount that is proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained is waived,” the agreement stated.
A motion hearing in this matter has been scheduled for Jan. 20 before U.S. District Court for the Middle District of Pennsylvania Judge Jennifer P. Wilson.
For counts of violating the First Amendment to the U.S. Constitution, the plaintiffs are seeking a declaratory judgment of same, a permanent injunction to prohibit the defendants from enforcing the sign ordinances, a declaration that the sign ordinances violated the plaintiffs’ rights, costs, attorney’s fees and such other relief as the Honorable Court deems to be fair and just.
The plaintiffs are represented by Marc A. Scaringi of Scaringi Law, in Harrisburg.
The defendants are represented by Edward Lee Stinnett II, Elizabeth Kramer and Isaac P. Wakefield of Salzmann Hughes, in Camp Hill.
U.S. District Court for the Middle District of Pennsylvania case 1:22-cv-01679
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com