NOBLESVILLE, Ind. (The Times) - Hamilton County Commissioners have hamstrung a county council candidate by prohibiting political signs to be placed on road and street right of ways.
Rick Sharp of Carmel, a candidate for Hamilton County Council District 4, makes the claim in a lawsuit filed Tuesday in Superior Court.
Sharp maintains an ordinance prohibiting signs in right of ways, adopted Feb. 12, was passed to benefit candidates who have greater name recognition and are favored by the county commissioners.
“I believe it was done in an attempt to hold down lesser-financed candidates in favor of other candidates who are better financed, and favored by the commissioners,” Sharp said.
The rule attaches a $500 fine for placing signs along county road right of ways. It is not limited to political signs.
“For him to claim that is laughable,” said Hamilton County Commissioner Mark Heirbrandt. “This was a public safety issue because signs have become a distraction for drivers.”
Heirbrandt pointed out Sharp, once a member of the Carmel City Council, signed an ordinance in 2006 prohibiting signs in city street right of ways. The ordinance is nearly identical to the county’s.
“It’s a bit hypocritical of him,” Heirbrandt said.
Commissioner Christine Altman said the county, and specifically Heirbrandt, has been working on a sign ordinance since 2013.
The ordinance states the placement of signs near public streets increases visual clutter within the public right of way, making it more difficult for motorists to recognize regulatory signs which are necessary for safe travel. That affects:
- All public streets within the unincorporated area of Hamilton County
- 146th Street east from the Boone County line to Marilyn Road
- Campus Parkway east from Marilyn Road to the I-69 bridge
- Olio Road from 96th Street north to, and including, the roundabout at Campus Parkway
- Any bridge of [more than] 20 feet in length located within Hamilton County other than bridges over I-69, U.S. 31 and Keystone Parkway
It includes non-commercial signs expressing an opinion, point of view, or political, religious or ideological statement, or support or opposition to a candidate or proposition for public election.
Sharp’s lawsuit asks the ordinance be struck down.
“Political free speech is one of the most tightly held beliefs we have, and I am directly impacted by this law,” Sharp said. “You’d be hard pressed to convince me this wasn’t done to favor better financed candidates.”
A hearing on Sharp’s suit has not been set. The primary election is scheduled for May 8.
