"It’s an unconstitutional petty tyranny. That's the long and short of it.
Maybe it’s a small thing. But it bothers me that Radford students are being cowed into subservience when they should be learning to stand up straight for democratic virtues -- independence of thought and speech, love of freedom, and concern for the common good. It also bothers me that the university has forgotten its true identity and is putting up with this crouching abuse. It's like the scene from Lord of the Rings with King Theoden of Rohan.
I just wish someone would document a visit of one of these city speech 'inspectors' who order students
to take down their fraternity or sorority signs. We could post it on YouTube for the benefit of the
Chinese and Russians who say this idea of a free speech is nice, but nobody in America really believes in it."
- Professor Bill Kovarik, Radford University
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According to section 120-222 found in Article V. Sign Regulations in the City of Radford’s Zoning Ordinance, a sign is defined as the following:
Sign:
Any structure or device or part represented on a building or structure, or included any letter, work banner, decoration, device or representation used as, or which is in the nature of, any announcement, direction, advertisement directing service, excluding soft drink, snack and ice machines. A “sign” designed to be seen from two opposite directions shall be considered as one sign., prodvided that the two signs’ faces shall not be more than forty-two inches apart, if parallel or form an angle of more than sixty degrees in angular sequence.
Under this definition falls the sub category of a Greek Organization Sign which is defined as follows:
Greek Organization Sign:
Any sign, flag, banner or other object used to identify a Greek organization (fraternity, sorority, or club).
According to this article, a Greek organization does not have to apply for a permit in order to display a sign temporarily as long as it is no more than five times per calendar year and for no longer than 14 consecutive days. These strict regulations do not apply to any other kind of sign listed in the ordinance.
The last section of the ordinance, section 120-239, lists additional requirements that must be met by the Greek community at Radford University that do not have to be met by those who do not fall under this category:
Section 120-239 Additional Requirements for Radford University recognized student clubs and organization signs determines what times in the year allow for signs to be displayed by Greek organizations.
Display of Radford University recognized student clubs or organizations letters, banners, signs, etc, o
ther than flags, are permitted only during special events under the following conditions:
A) Special events are limited to Radford University Homecoming, Rush, and Greek Week, and other events identified and agreed upon between the Department of Student Activities and the zoning administrator.
B) The location and type of displays must be approved by Radford University’s Department of student Activities and the Zoning Administrator.
C) Letters, signs, banners, decorations, etc, may be hung on Friday before the event and must be removed by Sunday evening following the event.
What action has been taken to address this matter?
The American Civil Liberties Union believe that the ordinance is a direct violation of freedom of speech and that student speech is being treated differently from other speech.
Kent Willis, director of the ACLU states the following:
“This ordinance treats student speech differently from other speech.”
“It is constitutional to reasonably regulate signs, we’re not arguing that. We’re arguing the fact that
structures in which students live are being treated differently than structures in which other people live.”
“You can’t give some degrees of free speech to some classes of people and other degrees of free speech to other classes of people. All speech can be reasonably regulated in terms of time, place and manner but you can’t treat people differently with laws and policies.”
A letter was sent to City Attorney Jim Guynn by the ACLU on July 20 threatening legal action and stating that the sign ordinance infringes on free speech.
The Letter: Written by Rebecca Glenburg, legal director for the Virginia ACLU
Jim H. Guynn, Jr.
Radford City Attorney
Guynn, Memmer & Dillon, P.C.
415 S. College Avenue
Salem, Virginia 24153
Mr. Guynn:
I write regarding Section 120-239 of the Radford City Code, which imposes special restrictions on signs posted by Radford University student clubs and organizations. This section of the code is patently unconstitutional, and I ask that you advise your client, the City of Radford, to repeal it at once.
The ordinance prohibits student organizations from posting any signs other than for special events “identified and agreed upon between the Department of Student Activities and the Zoning Administrator.” All such temporary signs must receive prior approval from both the University and the Zoning Administrator. The ordinance also imposes special size limitations on student organization flags, and requires that all flags receive prior approval by the University and the Zoning Administrator.
While municipalities are free to impose reasonable and neutral regulations upon the time, place and manner of signs, restrictions that discriminate against particular messages or speakers presumptively violate the First Amendment. Such restrictions may be imposed only when they are narrowly tailored to serve a compelling governmental interest. See Boos v. Barry,485 U.S. 312 (1988). Here, it is not clear that the City has any interest in regulating the signs of student organizations more stringently than other signs, much less a compelling one.
The ordinance is also unconstitutional for the separate reason that students must obtain government approval before displaying signs and flags. Such “prior restraints” are one of the chief evils the First Amendment was meant to prohibit, and are only permissible in extraordinary circumstances. Any system of prior restraint must include clear, content-neutral standards in order to constrain the discretion of the licensor, City of Lakewood v. Plain Dealer Publishing Co., 486 U.S. 750 (1988), as well as comprehensive procedural protections, such as prompt judicial review. Freedman v. Maryland, 380 U.S. 51 (1965). In this case, no such protections exist, and the University or the Zoning Administrator is free to deny permission for a sign or flag for any reason or no reason at all. This unbridled discretion is fundamentally at odds with First Amendment norms.
Accordingly, I ask that the City take immediate steps to repeal this unconstitutional ordinance. Should the ordinance remain in force, the ACLU of Virginia will not hesitate to file suit against the City on behalf of appropriate plaintiffs.
Thank you for your attention to this matter. Should you have any questions, please do not hesitate to call me at (804) 644-8022.
Sincerely,
Rebecca K. Glenberg
Legal Director
The response according to The Roanoke Times:
“Guynn argued that the ordinance approved in May actually benefits the Greek community because it formally allows them to place their signs during special events. The previous ordinance made no exceptions for fraternities or sororities in residential areas -- where all of the Greek organizations are located. Instead, the city relied on Radford University and the Greek organizations "to agree on which special occasions merit signs" and "basically engage in self-governance," Guynn wrote in the letter.
Repealing the ordinance would mean that fraternities and sororities "will be governed by the same sign requirements as other residents in residential districts. Those sign advertisements likely do not allow for special events advertising," he wrote."
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