Date: Tue, 10 Apr 2001 09:40:34 -0400 From: freematt@coil.com (Matthew Gaylor) Subject: W. Texan's Road Sign Ruled Protected Speech To: freematt@coil.com (Matthew Gaylor)
http://www.dallasnews.com/texas_southwest/332405_searches_07tex.html
W. Texan's road sign ruled protected speech
State says billboard discouraging searches by police violated law on highway beauty
04/07/2001
By Jim Vertuno / Associated Press
AUSTIN - There's no silencing Pat Barber, at least not on his property.
The West Texas lawyer won a round in his free speech fight with Texas officials this week when an appeals court ruled that forcing him to remove a sign from private property along a highway violated his First Amendment rights. Mr. Barber had erected an 8-by-16-foot sign along Interstate 20 that read, "Just Say NO to Searches!" A telephone number led callers to a recorded message telling motorists to "just say no" when police ask to search their cars during routine traffic stops.
Located about 70 miles west of Abilene, the sign drew growls from local law enforcement and the threat of fines from the Texas Department of Transportation. The agency said the sign violated the Texas Highway Beautification Act. The state won a trial court order to have it removed, and Mr. Barber was ordered to pay $1,200 in fines and attorney fees.
Mr. Barber burned down the sign in 1999 but vowed to appeal. "It was a way to emphasize the message of the sign. I thought I would do it in a dramatic fashion," Mr. Barber said. He said he'll consider putting it back up but will wait to see whether the state appeals Thursday's ruling. The Texas attorney general's office said it is reviewing the case. "I would like to encourage other people to put the message out there," Mr. Barber said. "I hope that with this case, there is some clarification made on what restrictions the government can do on private property."
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