A Wilson County state house candidate said she is planning to sue the City of Mt. Juliet over a sign ordinance.
Trisha Farmer is running against the incumbent, District 57 Representative Susan Lynn.
Last week, Farmer received an email from the Planning & Zoning Department saying code enforcers removed some of the signs from her supporters because it did not comply with the temporary sign ordinance.
City officials said political signs are only allowed within the 60 days prior to an election and removed within three days following the election.
However, Farmer finds the ordinance infringes on the First Amendment.
"People have the right to have their signs up and express how they feel and believe," Farmer told NewsChannel 5. "It shouldn't be up to the city to tell them when they shouldn't have them up."
In an email to the city, Farmer said, "I'm aware of the current city ordinances but I am also aware they are highly unconstitutional, to the point that we already have had the U.S. Supreme Court weigh in and set legal precedence."
She continued, "A unanimous U.S. Supreme Court rejected the ordinance in City of Ladue V. Gilleo, writing that residential yard signs were "a venerable means of communication that is both unique and important."
Farmer is working with an attorney to potentially sue the city. Her goal is to get the city to drop the ordinance.
"I would hope the city would view this as a flawed law," Farmer added. "I don't want to charge the city money so I hope it does not get to that point."
Despite other court cases, city officials said their current ordinance is constitutional.
"The ordinance is written and was vetted," City Manager Kenny Martin said. "We know there's differing opinions and we respect that but we go by the laws written by our lawmakers here."
Martin said the city's legal team found no violations with the ordinance although he did not immediately know under what grounds.
The ordinance was set in place to restrict sign sizes and avoid hazardous clutter in neighborhoods.
"We are definitely here to listen but we will continue to enforce the law," Martin said.
Other candidates' signs could be spotted including Farmer's opponent as of Tuesday afternoon. There may be the ordinance set but the city normally does not enforce and remove signs unless there is a complaint.
At least three of Farmer's signs were removed last week after some complaints were made to the city.
The ordinance also restricts signs on how far they must be from a window.
Over the weekend, Farmer snapped a photo of the Mt. Juliet Republican Women Headquarters with several political signs including one promoting Mt. Juliet's mayor. At least five were posted right against the window which does not meet the ordinance.
The city attorney said the headquarters had a special event permit, but one of the organizers most likely did not know the rule. He said it was taken down as soon as possible.
"I feel like our city has a lot better things they can do with our tax dollars than pulling out political signs," Farmer said.
Farmer is not the only person whose signs were removed.
According to the Wilson County for Trump Campaign Committee Co-Chairman Jeremy H. G. Hayes, his Trump signs were removed from a private property.
He released a statement to NewsChannel 5:
"We must never forget that many of our country’s founders sacrificed their lives and fortunes in order to secure our basic human rights – which are enumerated in our Constitution. Our rights come from God—not man—and our founders designed our foundational documents to protect and defend these God-given rights. When a local government, that works for the people, uses tax payer funding to take away a person's First Amendment Rights it crosses party lines. The supreme court has already ruled that the ordinance is unconstitutional (Reed vs Gilbert- 2015)."
Farmer also issued a statement on her campaign website asking anyone who may have been harassed over lawn signs to contact her.
Mt. Juliet residents can post political signs per city rule by September 8.
There are no immediate plans in the future to review the ordinance. To read the full city ordinance, click on this link.
