OXNARD : Testimony Heard in Dispute Over Signs

A state appeals court has heard testimony in a dispute over large warning signs on two Oxnard Dunes homes, with the sign makers arguing that a court order to remove the signs deprived them of free speech.

Lynda Paxton and Stephen Blanchard appealed a decision handed down in November that ordered them to remove the large signs, including one with a skull and crossbones, that they had erected after learning that their homes were built above a former oil field waste dump.

The Oxnard Shores Community Assn. had sought the injunction against the signs, saying they exceeded the 18-by-30-inch maximum allowed by the association’s rules. Superior Court Judge Bruce Thompson issued a preliminary injunction, which was postponed when Paxton and Blanchard filed their appeal.

On Wednesday, attorneys for each side presented oral arguments before a three-judge panel.

Attorney Michael Wooten, representing the community association, told the judges that First Amendment protection of free speech is not unrestricted, and that free speech must be exercised in a reasonable time, place and manner.

“Individuals don’t have an unfettered First Amendment right to communicate in any manner at any time in any way they choose,” Wooten said after the hearing.

Attorney Kate Neiswender defended the right of Paxton and Blanchard to notify the public about the possible presence of toxic substances beneath a portion of the Oxnard Dunes subdivision.

“Freedom of speech in environmental cases is more important today than ever,” Neiswender said after presenting her clients’ position.

Neiswender said her clients’ constitutional right to free speech outweighed any economic damage claimed by the community association.

The appellate court has up to 90 days to hand down a judgment.