CAMP HILL, Pa. — Camp Hill residents can continue to display as many temporary political yard signs as they'd like during election season.
An ordinance passed by the Camp Hill Borough Council in October of 2022 stated that residents could only display two political signs in their yards within 60 days of an election. Anyone caught violating the ordinance would face a $1,000 fine.
"I do think it is restrictive," said Dayna Smedley, a Camp Hill Borough resident. “I don't judge the amount of signs. But I kind of like being able to see what’s out there, so I can look up those candidates and make my own judgement.”
A federal judge ruled against the sign ordinance in March of 2023 after a group of residents petitioned the court, arguing the ordinance limited their freedom of expression.
The council argued that the sign ordinance "seeks to protect our community’s beauty and enhance public safety by reducing clutter, distractions, and hazards."
However, Judge Jennifer Wilson of the Middle District Court of Pennsylvania granted summary judgment on two counts to two plaintiffs.
On May 9, the Third Circuit Court of Appeals upheld the District Court's ruling.
Michael Dimino, a professor at Widner University Commonwealth Law School, said the local governments are allowed to enforce sign ordinances for aesthetic and public safety purposes. However, local governments cannot differentiate on which signs are allowed based on its speech.
“You can limit the number of signs; you can limit the size of signs," said Dimino. "But you cannot distinguish between the different kinds of signs having different messages, and you certainly can’t impose greater restrictions on political speech.”
"The Borough is disappointed with the Third Circuit's decision and is concerned with the potential sprawling impact it may have on the ability of the Borough and other municipalities to meaningfully regulate signs in pursuit of traffic safety and aesthetics," the Borough Council said in a statement following the Third Circuit's decision.
"At this time, the Borough is evaluating this decision with its legal counsel and is continuing to assess all available legal options," the statement continued.