This totals 96 first amendment case victories since 06/2008 see trail by starting at: Five more First Amendment case victories which now total 95 since 06/2008.
California
City Scraps Sign Ordinance in Response to Church Lawsuit
City: Cathedral City, CA
May 20, 2009
The City of Cathedral City acknowledged in court filings this week that it has rescinded a "poorly written" sign ordinance that led to a federal lawsuit. The city had relied on the ordinance in fining First Southern Baptist Church. The church is represented by Pacific Justice Institute.
In September, 2007, Pastor Jim Nimmons painted the word "Eternity" on the church's roof, intending to prompt locals to ponder where they would spend eternity. A few months later, the City slapped the church with a fine and nuisance order, charging criminal violation of sign ordinances. The City code defined a sign as a message designed to advertise a business, goods or services. The church protested that the message of "Eternity" was not selling anything but reluctantly paid the fine. The church was forced to abandon an appeal with the city after being threatened with liability for the City's attorney's fees in the likely event the appeal was denied. Last June, staff attorneys for the non-profit Pacific Justice Institute filed a federal suit on the church's behalf.
After defending its sign ordinance in court for more than a year, Cathedral City admitted this week that the ordinance applied to the church was "poorly written" and "likely a mistake." As a result, the City completely replaced its sign code. The city appears poised to continue pursuing the church under its new sign code, which seeks to expand the city's authority to require permits for a wide variety of messages and displays. As one example, the new ordinance requires a sign permit for any homeowners who might wish to display more than one flag at their home.
Karen Milam, who heads PJI's Southern California office, commented, "After nearly eighteen months of battling over this issue, it is gratifying that Cathedral City has now admitted their sign ordinance was a weak basis on which to fine and threaten First Southern Baptist Church." Milam, who has been litigating the case for the church, added, "We will continue to pursue this case until the church's free speech and equal protection rights are fully vindicated."
__________________________________________________________________________________________________
The Pacific Justice Institute is a non-profit 501(c)(3) legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties.
P.O. Box 276600 Sacramento, CA 95827-6600
Phone: (916) 857-6900 Fax: (916) 857-6902 Internet: www.pacificjustice.org
Advertisement: The next time you head to Mexico get Mexican Vehicle Insurance from a Pro-life, faith and family owned agency. Click image below for more information.
