Hamilton County Reporter

On Wednesday, Hamilton County Superior Court 3 Judge William Hughes struck down a controversial sign ordinance recently passed by Hamilton County Commissioners.

The ordinance was challenged by Hamilton County Council candidate Rick Sharp and his attorney Timothy Stoesz.

Sharp alleged the ordinance causes him legal injury by prohibiting placing political signs anywhere in a right-of-way, as defined by the ordinance.

The ordinance also prohibited placing signs larger than six square feet on private property.

According to the ordinance, county workers and sheriff deputies were permitted to remove signs. Owners of the signs would then be charged a fee for reclaiming the signs.

A written opinion issued by Hughes stated, “Those restrictions and penalties either prohibit speech altogether or have a chilling effect on speech by, without limitation, authorizing Hamilton County personnel to remove such signs immediately and without notice, or requiring owners of signs to pay collection fees to the County to recover signs the County has removed.”

The Court also ruled Sharp is entitled to an award of his reasonable attorney fees.

Sharp was happy with the Judge’s ruling. “This ordinance would have produced a very chilling effect on both political and religious free speech. I am gratified that the judge agreed with our position that this was a case of overreach on the part of county government!”