Contact: Tim Crowley, Free Speech Seattle, 206-992-4391
Since 1999, Free Speech Seattle has been working to repeal Seattle's poster ban. We have argued that the statute is overbroad, that using public poles for posters is a traditional public forum, and that any legitimate safety and maintenance concerns the City has can be dealt with in a manner that protects freedom of speech.
Free Speech Seattle is pleased to find that the Washington State Court of Appeals agrees with us on this matter. In a Monday ruling the court found that "posting temporary signs on the portion of poles, within reach of pedestrians, adjacent to streets and sidewalks is a traditional public forum. The record does not establish a compelling governmental interest to ban posting on these poles. We hold that the anti-posting ordinance is facially overbroad in violation article I, section 5 of the Washington Constitution. We invalidate that portion of the ordinance affecting traffic devices, utility poles, and lamp posts which are part of the traditional public forum" (The complete ruling can be found online at http://www.courts.wa.gov/opinions/opindisp.cfm?docid=491041MAJ)
In 1999 Free Speech Seattle collected signatures of 15,000 Seattle voters who requested the Council repeal the poster ban. The group is hopeful that, though the City would not listen to the people on this matter, they will listen to the courts. The court has outlined ways in which the City might enact time, place and manner restrictions that are appropriate. We hope the City will look closely at this decision and work with the people as it moves forward.