The Cape Elizabeth Town Council voted unanimously Monday to adopt amendments to its sign ordinance that will allow political signs in traffic islands and other public rights of way.

A public hearing regarding the town ordinance committee’s proposal to lift the ban on political signs did not draw any residents. In October, the council discussed whether it should continue banning political signs in traffic medians after it learned from attorney John J. Wall III, of the Portland firm Monaghan Leahy, that the local sign ordinance would likely not hold up in court.

“Due to concerns regarding First Amendment issues, the Town Council referred to the ordinance committee a review of the sign ordinance regarding regulation of political signs,” ordinance committee chairman Jamie Wagner said.

In a Sept. 25 written opinion to the town, Wall recommended that the sign ordinance be amended to either ban all signs from traffic islands, or allow all signs, both political and non-political in nature. Banning political signs but allowing non-political and commercial signs on traffic islands and town-owned property “would likely be found to be a restraint of free speech that violates the First Amendment,” Wall said.

After reviewing advice from town attorney Tom Leahy in January, the ordinance committee voted 3-0 to remove the ban on political sign placement in public rights of way, including traffic islands, from the town ordinance.

It agreed, however, to continue to restrict signs from being erected earlier than six weeks before an election and that signs be removed within one week after an election, Wagner said.

-Kayla J. Collins

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