Proposed new Bonney Lake sign code hits First Amendment snag

Published 2:45 pm Tuesday, June 15, 2010

The Bonney Lake City Council’s attempt to create a new provision in the sign code to allow civic groups to legally advertise their events has hit a snag.

Because of First Amendment concerns, the city’s plan to allow nonprofits and civic organizations to place signs around town may not be viable. The courts make no distinction between nonprofit commercial speech and business-related commercial speech.

That means the city could be forced to allow all businesses to place off-premisess signs if they allow the civic groups to do so.

“It’s just another form of a business,” city attorney James Dionne said June 8. “You can’t favor one business purpose over another. If you allow more off-premises signs … you’re going to allow it for everybody.”

Dionne first raised concerns at the June 1 council workshop when he explained to the council and mayor why plans to go ahead with an addition to the sign code may land the city in hot legal water.

Prior to the workshop, the council seemed on its way to approving a new section of the code which would allow nonpolitical civic signs, like those advertising a fundraiser or youth sports league, to be legally placed around the city.

Initially, the plan, brought forth by Mayor Neil Johnson, called for the signs to be allowed in all city rights-of-way, but the plan was in the process of being modified to restrict the signs to certain areas of town.

However, the new information provided by Dionne at workshop has forced the council to rethink the plan entirely.

“The good intentions will get lost in the overuse by everybody,” Dionne said. “You create more problems than you help.”

“Nothing’s ever easy,” said Johnson, who had hoped to quickly pass the ordinance to allow the civic organization signs.

Dionne suggested creating a “special events” category that would allow civic organizations and businesses the opportunity to place off-premises signs for two events each year, adding that the definition of a “special event” could be tailored to prevent businesses from taking advantage of the opportunity. Councilman Randy McKibbon, who also owns a business in town, said as a business owner, he would find ways to have two special events each year if it meant a time when he could place off-premises signs around the city, adding that other business owners would likely do the same.

“It seems like we are creating an enforcement nightmare,” he said.

After the news from the attorney, the council opted not to change the sign code, the whole point of which is to limit off-premesis signs.

Instead, the city will encourage people to place signs for civic events on their property, much like a campaign sign, to let neighbors know of the event.