Williams v. City of Cheyenne
Williams v. City of Cheyenne refers to two separate but related cases (1996 and 2014) in which Cheyenne, Wyoming citizen Ronald Williams filed suits against the City of Cheyenne to challenge regulations prohibiting political signs in yards during an election. The Wyoming District Court ruled in his favor in 1996, striking the regulation down as unconstitutional under the First Amendment. The case was brought to the courts again in 2014 after new regulations prohibiting political signs were established. The city's legal counsel agreed that the prohibition was unconstitutional, and the city ordinance was reformed in accordance with the ruling.
Background
In 1995, Cheyenne citizen Ronald Williams was threatened with fines of "$100 per day as long as he continued to display election signs that were in violation of city code." The Wyoming Liberty Group, a 501(c)(3) nonprofit organization, filed a lawsuit on Williams' behalf against the City of Cheyenne.[1] Williams' suit argued that Cheyenne's zoning codes were unconstitutional. At the time, "the Zoning Code restricted the erection of political signs to 45 days before an election and required removal within 10 days following an election."[2] On May 17, 1996, the Wyoming District Court granted summary judgment in favor of Williams, ruling that the political sign restrictions in the Zoning Code were unconstitutional under the First Amendment.[2]
On January 9, 2014, a lawsuit was again filed on Williams' behalf in the United States District Court for the District of Wyoming. Cheyenne Unified Development Code (UDC) regulations prohibited political yard signs 10 days before and after an election. The penalty for displaying a prohibited sign was a potential misdemeanor charge and fines of $100 for each day the signs were present. Williams' counsel argued in their suit that the regulation infringed on their client's "First Amendment right to speak about candidates for public office during any time of the year he sees fit."[2]
Decision
On February 4, 2014, the City of Cheyenne's counsel "filed a stipulated motion for the entry of preliminary injunction, agreeing that the current regulations in the UDC are unconstitutional and submitted a proposed order that would immediately halt enforcement of the provisions for political signs. Judge Scott Skavdahl signed the order the same day."[3] On February 10, 2014, the Cheyenne City Council voted 7-3 to reform the UDC in accordance with the injunction.[4] On February 14, 2014, both sides in the case filed for a motion to dismiss. The ruling said that Cheyenne residents, "may now display any number of political signs for any period of time on their own property."[3]
Recent news
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See also
External links
Footnotes
- ↑ Wyoming Tribune Eagle, "Council to reconsider yard signs ordinance," January 10, 2014
- ↑ 2.0 2.1 2.2 Wyoming Liberty Group, "Williams v. Cheyenne Complaint," January 9, 2014
- ↑ 3.0 3.1 Wyoming Liberty Group, "Williams v. City of Cheyenne," accessed March 30, 2015
- ↑ Wyoming Liberty Group, "This is What a Flawless Free Speech Victory Looks Like," February 11, 2014
