Lawsuit Challenges Ban on ‘For Sale’ Signs in Cars
A city ordinance that prohibits posting “for sale” signs in cars parked on city streets is being challenged as a violation of 1st Amendment rights in a federal court lawsuit.
Attorneys for the ACLU and the law firm of Paul, Hastings, Janofsky & Walker filed suit Wednesday against the 1977 law, which subjects violators to a $35 fine.
“This ordinance benefits used car dealers and large circulation newspapers while penalizing ordinary citizens,” said the ACLU’s chief counsel, Michael Small.
The lawsuit grew out of an incident last September when Edward Burkow was ticketed for placing a “for sale” sign in his VW Jetta as it was parked on Willoughby Street.
Burkow paid the fine, but contested the penalty on constitutional grounds. A hearing officer rejected his argument as did a Municipal Court judicial officer when Burkow appealed.
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