Wheeling's political sign law challenged

WHEELING - A Wheeling man says he should be able to display political signs on his property anytime he wants.

Anthony Domenick filed a complaint for declaratory and injunctive relief Oct. 5 in Ohio County, claiming Wheeling's policy of only allowing signs 30 days before an election and 10 days after violates the First and Fourteenth amendments of the United States Constitution.

"The net effect of the ordinance is to ban political signs on private residential property for approximately 11 months of any election year and for the entirety of any year that does not have an election," the complaint says.

"Plaintiff would like to, and intends to, display political signs on his property at times other than that permitted by the Wheeling ordinance.

"The ordinance imposes different temporal restrictions on political signs than it does on signs containing non-political messages. The City's conditions for displaying political signs burden freedom of speech."

Domenick seeks declaration that the ordinance violates the Constitution and enjoinment of the city from enforcing it, as well as court costs.

In March, federal court for the Northern District of West Virginia ruled that a similar ordinance in Bridgeport violated the Constitution.

Wheeling attorney Paul Harris is representing Domenick.

Judge Arthur Recht has been assigned the case.

Ohio Circuit Court case number 06-C-364