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Clarksburg Says No to Political Signs

By Tammy Daniels
iBerkshires Staff
10:32AM / Tuesday, March 16, 2010
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CLARKSBURG, Mass. — The Selectmen last Wednesday voted to ban political signs from municipal buildings.

"We've never had signs," said Selectman Carl McKinney. "We run the town in a nonpartisan fashion."

The town hasn't had a problem and neither has it had a policy, but the question was recently raised, said Town Administrator Michael Canales. If the board adopted a policy to allow political signs, it would have to ensure equal access, he said.

Board members, however, rejected that idea, citing the necessity of policing signs and inability to control the type and size.

"I'm just afraid of what political signs could come in here," said Selectwoman Lily Kuzia, since they could range from national office to issues.

Chairwoman Debra LeFave said she wouldn't be too concerned about signs for town elections but the inability to limit them gave her pause.

"I'd be afraid. Political signs ... that ecompasses a big area," she said. "And God only knows what we'd have hanging on our bulletin board."

The board voted unanimously to enact a policy that would not allow political signs in any municipal building.

In other business during the brief meeting:

► LeFave read a letter urging citizens to fill out their Census forms to ensure the town got its fair share of federal funding.

► The board appointed Jean Bryce to the Board of Registrars to fill a vacancy left by Marie Allard

► Canales reported that the senior housing project application had passed to the funding stage; a water quality assessment and Army Corps of Engineers application had been submitted for the dam removal and the town had fulfilled the state's consent decree requirements for the Senior Center well until it can be capped. The well will be monitored by Berkshire Enviro Labs of Lee; R.I. Baker installed a meter and access.

► National Grid will be reviewing the electrical requirements of the municipal buildings. Residents were told to call the Canales if they see a streetlight on 24/7 because it costing the town money.

► The fiscal 2011 draft budget was provided to the Selectmen, which will meet with the Finance Committee on March 24.
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This is an interesting topic, the selectboard has mandated the banning of free speech. Since the board didn't feel they had the ability or resources to control the speech, they decided to ban it all together. I wonder if this would hold up in court?

"I'd be afraid. Political signs ... that ecompasses a big area," she said. - Chairwoman Debra LeFave

A big area both to allow, but also not to allow. I haven't read the decree, but I think it might be a good idea to define what a political sign is before one goes about banning them.

Editor: I've never heard of ANY Berkshire County town allowing political signs within municipal buildings. Anyone else?
from: Say Whaton: 03-16-2010 12:00AM
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How does this ban free speech? You can still put up a lawn sign, take out an ad, hand out flyers on a public sidewalk. You just can't use publicly-funded space to push your message.
from: speech is still freeon: 03-16-2010 12:00AM
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Not only is this legal, it has precedent in many other communities in Massachusetts and elsewhere. Many cities and towns ban the placement of any political sign on public property, whether it's a town hall or any other piece of land owned by the community. As long as it's enforced equally, a legal challenge likely would not stand. And as one other poster put it, this is not a free speech issue. You can say what you want and put up a political sign on your own property, but why would you assume you had any right to post your political leanings at town hall?
from: Legal Eagleon: 03-16-2010 12:00AM
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You have no idea what is deemed a political message. When that is defined, then I will probably agree with you.
from: Say Whaton: 03-16-2010 12:00AM
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For all we know right now, an election ballot could be considered a political message. That would mean a sample ballot could not be posted on the bulletin board.

Who determines what is a political message and by what standards? Can the town clerk post a message about an upcoming election?

Editor: I would say that election ballots and messages informing people about upcoming elections or results are statements of fact. They do not in any way advocate for or against a candidate or issue. May be a stretch to describe them as 'political signs.'
from: Say Whaton: 03-16-2010 12:00AM
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That's my point. For the very same reason the "I'd be afraid. Political signs ... that ecompasses a big area," statement was made. All I'm saying is the definition of what a political message is needs to be defined.
from: Say Whaton: 03-16-2010 12:00AM
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