Irvine Confiscates Political Signs

“IrvineTattler.com” Signs Impounded at Civic Center

By Stephen C. Smith
Irvine Tattler Publisher
Posted May 15, 2008
Updated 10:00 PM PDT

Sixty-four political signs produced by Irvine resident Allan Bartlett were confiscated Monday from public rights-of-way and impounded at Irvine City Hall.

Bartlett, the author of the Powder Blue Report web site, wrote today on his blog:

Things are already starting to heat up in Irvine. The past few weeks myself and a few other Irvine activists raised some money and bought some signs to be put out over the city that said "Goto www.irvinetattler.com". Within one day of putting them up, they were gone. I suspect they were ordered to be yanked out by the powers that be at Irvine City Hall (read that as The Larry Agran Cabal Inc), but I'm not certain yet. I'm going to do a lot more digging today on this issue.

I was unaware of these signs until I received an e-mail Sunday from a Turtle Rock resident reporting he had seen signs in the area promoting IrvineTattler.com.

A city inspector e-mailed me on Monday afternoon to inform me that 64 signs had been confiscated. She said I would be fined $100 per sign and charged $120 per hour if any more signs are posted. I told her I had no knowledge of who created the signs nor was I involved in deploying them.

This morning I posted on IrvineTattler.com an article asking the individual responsible for the signs to contact me. Mr. Bartlett e-mailed me to say he and other citizen activists were responsible for the signs. I asked him for a statement I could post here. His response:

I put up the Irvine Tattler signs because I wanted to bring attention to the mismanagement going on at Irvine City Hall. I'm very disappointed that the signs were ordered to be taken down by the powers that be. I grew up here in this city and I know that most people are very apolitical. I'm hoping to change that and get people more involved in what happens at Irvine City Hall.

Bartlett posted on his blog a letter he faxed today to the Irvine City Council. He granted the Irvine Tattler permission to reprint the letter in full:

May 15, 2008

TO THE IRVINE CITY COUNCIL:

Over the weekend of May 10 and 11, I exercised my free speech rights under the United States Constitution and the Irvine Municipal Code by placing temporary political placards on public property open to the general public. The signs promoted IrvineTattler.com, a web site that expresses opinions about Irvine political issues. These signs were paid for and placed by me as an expression of my opinion about Irvine politics.

On the evening of May 12, I saw that the signs were missing. I placed over 100 of these signs and now I can't find them anywhere.

I carefully researched the legality of these signs. The Irvine Free Speech Ordinance says:

CHAPTER 6. FREE SPEECH RIGHTS

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)

The ordinance is quite clear that I have the right to place temporary placards of a political nature on public property open to the general public.

If you or your staff removed these signs, you are in violation of Irvine law and the First Amendment of the Constitution and I expect you to immediately return the signs to their original locations.

Please contact me immediately to explain if you know what happened to these signs. You can call me at (949) xxx-xxxx or email me at allanbartlett@gmail.com

Allan Bartlett

cc: Tony Barboza, Los Angeles Times
Sean Emery, Orange County Register
R. Scott Moxley, OC Weekly
Rick Reiff, OC Business Journal

The Irvine Tattler will continue to follow this story as it progresses.

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.