CAMP HILL, Pa. — Note: The video is from October 2022.
A federal judge has ruled in favor of two Camp Hill residents who petitioned to challenge the Cumberland County borough's ordinance limiting the number of political signs in residents' yards.
The borough's ordinance stated that residents could only display two political signs in their yards within 60 days of an election. Anyone caught violating the ordinance faced a $1,000 fine.
Two residents, along with the Camp Hill Republican Association, joined a lawsuit against the borough to challenge the ordinance last year, arguing it placed limits on free speech.
A state judge granted a temporary injunction to the ordinance in October 2022, allowing people to place as many signs out as they like without worrying about getting fined.
This week, Judge Jennifer Wilson of the Middle District Court of Pennsylvania granted summary judgment on two counts to two plaintiffs, Camp Hill solicitor E. Lee Stinnett II said in a statement.
Wilson found an additional count to be moot, as the Camp Hill Republican Association does not have standing to sue on its own behalf or on behalf of its members, Stinnett said.
"The borough is disappointed in the outcome of this case, as it restricts the borough’s ability to fairly regulate the quantity and duration of yard signs," Camp Hill borough officials said in a statement. "Because the decision affects only those two components of the ordinance, the borough has and will continue to enforce the size and location of placement of yard signs, as well as other provisions of the sign ordinance."
Borough officials said they are also "considering whether any additional steps will be taken in regard to the decision."
Marc A. Scaringi, who represented the plaintiffs in the case, issued the following statement on his law firm's Facebook page:
"Today, March 29, 2023, Scaringi Law received an Order of Court from the United States District Court for the Middle District of Pennsylvania granting summary judgment in favor of our clients, Katherine Pearson and Caroline Machiraju, declaring unconstitutional the Borough of Camp Hill Sign Ordinance, §805(C)(1)(a), which imposed a numerical limit of two (2) Temporary Signs, including Political Yard Signs, and §805(C)(3)(d), which imposed a durational limit of 60 days prior and 30 days after a singular event for Personal Expression Signs, including Political Yard Signs.
"The Court agreed with our clients that those sections are unconstitutional on their face in that they violate the 1st Amendment right to free speech. Katherine Pearson, Caroline Machiraju, and the Camp Hill Republican Association brought this lawsuit to vindicate their rights and the rights of the people of Camp Hill to freely express themselves regarding political campaigns and elections by posting Political Yard Signs without prohibition as to the number and duration.
"This is a win for all the residents of Camp Hill Borough regardless of their political party registration or affiliation."