Lawrence not ready to give up rat fight

by: Jason Springer

Thu Feb 19, 2009 at 10:30:00 AM EST

Two weeks ago, the NJ Supreme Court upheld free speech. Here is what Hopeful said at the time summarizing the case:

The New Jersey Supreme court has ruled that unions may use an inflatable rat at protests. Lawrence Township had fined a union for violating a sign ordinance that banned inflatable signs, except for the all-important purpose of a grand opening. (The union had been protesting at a local health club.) The court ruled that the ordinance "violates the First Amendment right to free speech and is overbroad."

But rather than let the matter be settled, they have decided to try and "fix" the ordinance:

But township attorney Kevin Nerwinski interjected, saying the matter had been upheld in lower courts, and it was a matter of defending the township ordinance that was passed in the early 1990s.
Though only a portion of the ordinance was declared unconstitutional, Nerwinski said he would take a look at the rest of the law. The ban on inflatable balloons had been a public safety issue, and Nerwinski said township officials "want to make sure where protest activity takes place, it doesn't endanger people or property."

So an inflatable rat poses more of a danger than a grand opening balloon for a new business? That prompted this response:

Nick Mellis, a Lawrence resident and chair of the Green Party of New Jersey, questioned how much money the township spent "to defend the undefendable when it was obvious people have a right to protest peacefully." Mellis added, "I can't wait until you revise the First Amendment of the Constitution of the United States."

Maybe there isn't anything else going on that they can just keep spending time and money on this issue. Apparently this matter is still to be continued, despite the ruling of the state's highest court.

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New Jersey Supreme Court upholds free speech, even if it is an inflatable rat

by: Hopeful

Thu Feb 05, 2009 at 12:42:58 PM EST

The New Jersey Supreme court has ruled that unions may use an inflatable rat at protests. Lawrence Township had fined a union for violating a sign ordinance that banned inflatable signs, except for the all-important purpose of a grand opening. (The union had been protesting at a local health club.) The court ruled that the ordinance "violates the First Amendment right to free speech and is overbroad." The full decision is available as a PDF at the Court website. My favorite part is this:

The Lawrence Township sign ordinance is overly broad because it has almost completely foreclosed a unique and important means of communication. Non-verbal, eye-catching symbolic speech represents a form of expression designed to reach a large number of people. The Township's elimination of an entire medium of expression without a readily available alternative renders the ordinance overbroad.

This 2006 Blue Jersey photo shows "eye-catching" is the right description:

While the giant rat gives the story a good hook, this is an important decision as local officials try to shut down protests and free speech expressions, from an obscure local gym in New Jersey to the National Conventions.

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