Haines Borough’s signage regulations are unconstitutional and need to be changed, the borough’s code review commission was told March 2.
While the municipality can regulate the time, place and manner of signs, a 2015 U.S. Supreme Court decision makes it illegal to restrict content, commission chairman Mike Denker told the group. “There are legal consequences for the borough on this.”
Current borough code – Title 18, chapter 18.90 Signs – regulates political signs, traffic-control signs, real estate signs and business signs, but those distinctions are based on content and therefore violate First Amendment free speech rights, Denker said.
Denker penned a 20-page memorandum to the commission and borough analyzing local signage regulations and explaining how and why specific wording violates federal law.
Although the code review commission is authorized to make grammatical and minor wording changes, edits required to align with federal law would change the code’s intent and must first go through the assembly.
Although Denker’s memorandum contained four specific recommendations to the assembly on changing the code, commission members endorsed seeking a legal review from the borough attorney. That request must come from the manager or staff.
At its next meeting on April 6, the commission will further discuss two chapters within Title 2 and a potential town hall meeting to be held in May.