Lawsuit claims size limitation on political signs unconstitutional

PORT TOWNSEND — Mike Belenski of Mats Mats says Jefferson County’s regulations on the size limitations of political signs is unconstitutional and he wants a judge to force commissioners to comply with the First Amendment.

Belenski, a welding engineer, filed the lawsuit Oct. 5 in Clallam County.

The regulations in the Jefferson County sign code state that political signs posted on private property are not to exceed eight square feet.

It gives no size limitation for real estate signs.

“If you have to go up to the sign and read it to find out if it’s in violation, then it’s unconstitutional,” Belenski said.

“Right now I’m trying to stop [the county] from enforcing it, and then we’ll argue later what needs to be changed.”

Commissioner David Sullivan, D-Cape George, said the language in the Jefferson County sign code is nothing more than an oversight and not an attempt to suppress or limit expression of political opinion.

“We have no intention of limiting people’s free speech,” said Sullivan.

“It was really just an oversight. Nobody thought of this until Mike brought it up.”

As it stands now, there is an exception to the eight-square-foot limitation for political signs.

For $51, a person can apply for a permit to increase the size limitation.

Seeks court action

Belenski wants to see action now, since ballots for the all-mail general election will be mailed to voters on Oct. 18. He said if he waited for his lawsuit to go to trial, the election ending Nov. 7 could already be over.

He will be in Clallam County Superior Court on Friday to ask a judge to grant a preliminary injunction in two areas.

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