After posting campaign signs and a billboard a day before he was allowed to do so per local ordinance, Seaside mayoral candidate and current Councilmember Alex Miller was fined $7,000 by the City.
“The City of Seaside’s responsibility is to administer and enforce its adopted municipal code consistently and without regard to the identity of the candidate involved,” City Manager Greg McDanel says. “The same political sign requirements were provided to all candidates, including the 60-day placement requirement. Code Enforcement issued administrative citations after violations of those requirements were observed.”
Seaside prohibits displaying campaign signs prior to 60 days before an election, in this case, Friday, Sept. 4.
After he was caught breaking the 60-day rule by posting 13 signs and a billboard 61 days before the Nov. 3 election, Miller has raised legal objections to the ordinance.
He signed a statement on July 16 saying he understands and agrees that he is responsible for the placement of signs in keeping with city rules.
Miller admits to signing the declaration but argues that the sign ordinance is unconstitutional and breaches the First Amendment. He says that he voiced opposition to the 60-day restriction to the city attorney “over a year ago.” Volunteers posted 13 signs on Sept. 3 so they would be up before Labor Day weekend.
“My crew couldn’t do it on Friday morning, so from 8-11pm on Sept. 3, they put up the signs,” he says. “That means the signs were put up between one and four hours before it officially became Sept. 4.”
According to a letter he penned to Seaside City Attorney Sheri Damon, Miller has filed a notice “regarding my intention to seek a temporary restraining order and other appropriate relief in federal court concerning the enforcement of the City’s sign regulations as applied to my political signs.”
Miller points to past legal cases such as the City of Antioch v. Candidates’ Outdoor Graphic Service, which addressed Antioch’s similar 60-day political sign restriction, and other cases in which courts ruled the time limit unconstitutional.
“If the Council imposes fines and doesn’t agree to examine the current regulations, then I will have no choice but to take this matter to federal court,” Miller says. “I hope the city will review the ordinance, address the constitutional concerns, and make sure the rules are clear and fair.”
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