Irvine Confiscates Political Signs

By Stephen C. Smith
Irvine Tattler Publisher
Posted May 15, 2008

City of Irvine inspectors have confiscated 64 political signs from public rights-of-way that promoted the Irvine Tattler web site.

A city inspector e-mailed me on Monday afternoon to inform me that I would be fined $100 per sign and charged $120 per hour if any more signs are posted.

For the record, I had no prior knowledge of the signs, did not pay for the signs, did not deploy the signs, and did not know who was behind the signs. In recent months, as this site has become increasingly popular in the community, I have received messages from citizens urging me to place ads, post signs, sell T-shirts and bumper stickers, and generally engage in various enterprises to promote the site.

I do not have the time, money or resources to do so. I have urged individuals to speak out on their own if they wish, as one reason I created the site is to hopefully inspire citizens to step forward and act on what's happening at Irvine City Hall.

If the individual who placed the signs will please e-mail me at info@irvinetattler.com, I would appreciate it.

Dueling Ordinances

The below e-mail was sent at 3:07 PM on Monday May 12. The name and contact information of the inspector have been removed. (She's just doing her job.)

Mr. Smith:

It has come to the attention of the Code Enforcement Office that your signs advertising www.irvinetattler.com were posted in the public right of way in the City of Irvine, which is a violation of the City of Irvine Sign Ordinance. 64 signs have been removed by City staff. If you would like to have the signs returned, please notify me on or before May 22, to make arrangements to have the signs returned.

The City must request that you remove any remaining signs and immediately cease placing any additional signs within the City. If not abated and additional signs are posted within the City of Irvine public right of way, the City will have no alternative but to impose an administrative fine of $100/ sign plus $120/hour administrative costs. Therefore, your cooperation and willingness to comply will be appreciated. Please feel free to contact me if you have any questions either by e mail, or by telephone at ...

The specific section of the Irvine Municipal Code used to justify this confiscation was not cited.

I e-mailed and called the inspector late Monday to inform her that I was not associated with the signs. We spoke on Tuesday morning. She said the City received "several complaints" about the signs being in "the public right-of-way." She said they were along Culver Boulevard and Jeffrey Drive, two major north-south arteries, and were deployed over the weekend. She did not say who filed the complaints.

During the period the signs were up, visits to IrvineTattler.com roughly tripled according to daily statistics generated by my hosting service. After the signs were confiscated, the visits have declined to slightly higher than before.

In my opinion, the City's action appears to violate the Irvine Free Speech Ordinance, which was first adopted in 1990 and was amended in 2005 to add a penalty. The ordinance states:

Sec. 4-14-601. Prohibitions.
No person shall interfere with the exercise of free speech rights by persons within areas open to the general public in shopping centers, apartment complexes and other private or public property open to the general public. As used in this section, "free speech rights" shall mean the right to freedom of speech, the right to solicit and collect signatures on petitions and the right to distribute literature or display temporary signs or placards of a political nature; provided such activities do not result in the obstruction of entrances, exits or passageways or create a threat to public safety.
(Code 1976, § IV.L-601; Ord. No. 90-3, § 1, 2-13-90)

Sec. 4-14-602. Penalty for violation.
A. Any person violating this chapter is guilty of an infraction and may be punished by the issuance of an administrative citation pursuant to Chapter 3 of Division 13 of Title 4 (section 4-13-302, et seq.) of the Municipal Code.
B. For purposes of enforcing this chapter, a police officer or other authorized employee of the City's Public Safety Department shall have the administrative citation powers granted to a Code Enforcement Official under section 4-13-303 of the Irvine Municipal Code. (Ord. No. 05-08, 4-26-05)

The ordinance clearly permits display of "temporary signs or placards of a political nature" in "public property open to the general public."

In my opinion, the confiscation of signs directing Irvine residents to a web site frequently critical of the City Council majority is a chilling act that renders the Free Speech Ordinance meaningless. The fact that 64 signs were apparently confiscated in a period of 6-7 hours suggests someone directed staff to give their removal the highest priority.

In the absence of knowing who posted the signs and what their wish may be, if you wish to act on this confiscation I suggest you contact the Irvine City Council to express your opinion. You can call the City Council at (949) 724-6233, or send e-mail to irvinecitycouncil@ci.irvine.ca.us.

If you are the individual responsible for the signs, please e-mail me and I will give you the contact information at City Hall to collect your signs from the inspector.