PORT TOWNSEND — Jefferson County officials acknowledge a mistake was made more than three years ago, one that violated Mats Mats Bay resident Mike Belenski’s First Amendment rights when his political sign’s size was limited by county regulation.
That was the conclusion of the county Risk Management Committee of county Administrator Philip Morley and county Chief Civil Prosecuting Attorney David Alvarez, who agreed Monday that the county must pay Belenski $350 for his court costs and $1 in punitive damages.
Belenski, a welding engineer and political activist who often speaks out before the county commissioners, filed a lawsuit in early October 2006 against Jefferson County in neighboring Clallam County Superior Court, stating Jefferson County’s regulations on the size of political signs is unconstitutional. He wanted a judge to force the county commissioners to comply with the First Amendment.
Immediate trial
Belenski at the time asked for immediate court action, saying if he waited for his lawsuit to go to trial, the election ending the first week that November could already be over.
Belenski said he just wanted to post a political sign on the side of his dump truck in support of Beaver Valley Republican Bob Pontius for county commissioner.
Pontius lost in the primary race to Republican Ian McFall of Brinnon, who lost the general election to county Commissioner John Austin, D-Port Ludlow.
“On behalf of Jefferson County I am writing to acknowledge that Jefferson County Code . . . is unconstitutional because it is not content-neutral,” states the letter from Morley to Belenski, which was to be sent to Belenski shortly after the Monday action.
“In recognition of this, it is county policy that until the code can be amended that section of the county code shall not be enforced. The county also acknowledges that any prior attempts to enforce that county code section against you, including one that occurred February 2008, violated your constitutional rights.”
Alvarez recommended Monday that the letter be sent to Belenski, citing the violation of Belenski’s state and federal rights.
The county asks that Belenski voluntarily dismiss the lawsuit he filed in Clallam County Superior Court.
The regulations in the Jefferson County sign code state that political signs posted on private property are not to exceed 8 square feet.
It gives no size limitation for real estate signs.
Belenski argued that if someone has to go up to the sign and read it to find out if it’s in violation, then it is unconstitutional. He sought to stop the county from enforcing it.
Commissioner David Sullivan, D-Cape George, at the time said the language in the Jefferson County sign code was nothing more than an oversight and not an attempt to suppress or limit expression of political opinion.
Belenski originally filed a $700 claim.
On Monday, he said, “$100 was for compensatory damages for my inability to support the candidate of my choice and use my property to support my candidate during the election. $600 was for $100 a day for each day they said my sign was illegal.”
While Belenski indicated he was happy with the outcome, he was unhappy that the county commissioners were not signing the letter, saying Morley’s signature on the letter was meaningless.
“I wanted vindication of my rights, and that’s what’s allowed,” Belenski said. “The people that are violating my rights are the commissioners, and they are the ones who should sign it. My rights are vindicated and I got my costs returned and that shows that my rights were violated.”
Sullivan on Monday said Morley was entitled by state law to sign the letter on behalf of the county, and the county commissioners were not required to do so.
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Port Townsend-Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or at jeff.chew@peninsuladailynews.com.
