PORT TOWNSEND — A judge has denied a motion to dismiss charges against a city resident accused of violating an ordinance limiting the size of free-speech displays.
In a ruling from the bench Friday following a 40-minute hearing, Jefferson County District Court Judge Jill Landes upheld the city statute and denied the claim that its adoption this spring was directed at the defendant, Erik Olson.
“I believe that the city has a compelling interest in restricting the amount of space that someone can use in espousing their ideas,” Landes said.
“I don’t think this ordinance violates Mr. Olson’s free speech at all.”
Landes set a trial date of Dec. 6 to address Olson’s misdemeanor code-violation charges stemming from several tickets he received over the spring and summer for what city police say were displays at Pope Marine Park that were too large.
In all cases, police say they gave Olson, 70, a verbal warning to comply with the ordinance’s limits, which restrict displays of signs to occupying an area no larger that 4 feet wide, 6 feet long and 5 feet high.
When he did not comply after a 20-minute period, Olson was given a ticket, police said.
Olson was first cited with a $100 ticket March 27. He continued to display his signs and was given two additional citations March 30 and 31, elevating it to a misdemeanor charge and compelling a court appearance.
Pretrial hearings led to two continuances, during which time Olson complied with the ordinance until a June 18 violation.
During a July court hearing, Officer Jeremy Vergin, who issued the June citation after a warning earlier in the day from code enforcement volunteer Jerry Spiekerman, said that while he was measuring the display, Olson deliberately moved a sign that extended its footprint.
Vergin characterized his conversation with Olson as cordial but described Olson’s actions as “an effort to not comply” with the city code.
Olson’s display, which has been located in the same spot at Pope Marine Park for more than a year, extended 50-60 feet across the park’s brickwork before the new city code became effective March 18.
His signs — which bear such messages as “Use your citizen’s right of free speech” and “All religions are myths” — also include messages relating to sexual politics and religious freedom.
The dismissal motion, filed by Olson’s attorney, Bret Roberts, said the ordinance was unconstitutional and targeted Olson.
Olson was singled out, Roberts said, because some people thought the content of his signs was offensive and feared that his presence would hurt the economy.
“One of the main critics of Mr. Olson was [Councilwoman] Michelle Sandoval, who is a commercial real estate agent,” Roberts said.
City Prosecuting Attorney Johanna Vanderlee said the city was enacting very clear standards and not making a subjective judgment about content.
“[Sandoval] was concerned about protecting her business interests,” Vanderlee said.
Landes agreed, saying the ordinance was “content-neutral” and not targeted against Olson.
Landes said she had noticed Olson’s displays in the past and “couldn’t understand why his needs for free speech superseded the needs of other people in the area.
“This has nothing to do with my ruling; it was just one person’s visceral reaction,” she said.
“What I did like is that you were down there at all because it reminded me of other places I’ve been where there is a lot of lively street activity.”
Roberts then questioned Landes about her reaction to Olson’s display.
“If the court already had an expectation and opinion about this, a visceral reaction, it should have made this clear,” he said.
“I have not heard this before.”
Landes replied that she had made the same statements in the past.
“If I thought that anything I felt would impede Mr. Olson’s rights I would have recused myself,” she said.
Olson was accompanied by several people, including his sister, Sarah Nash of Port Townsend, who expressed anger about Landes’ ruling.
“They are still harassing him, and it should have just been thrown out,” Nash said.
“He took up a lot of space, and now he’s taking up the right amount of space. Why are they still targeting him?”
Olson said that if he had been approached politely, he would have complied.
“Instead, they made this whole mishmash of legalese,” Olson said.
“Port Townsend was selected by me [for my displays], and they should be honored.”
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Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or cbermant@peninsuladailynews.com.
