Ares Armor vs. Local Government

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  • 5cary

    On the spreading edge of the butter knife.
    MDS Supporter
    Dec 30, 2007
    3,678
    Sykesville, MD
    From the Ares Armor web page (they are looking to get the word out):
    Ares Armor forced to defend their 1st Amendment Rights

    SAN DIEGO COUNTY, CALIFORNIA - The Local Government of National City thinks it is acceptable to re-interpret their own city code to suite their political agenda if a message appears that does not suite their liking. They have chosen to attack us based on opposing political views. They have abused their elected positions in order to silence those who do not agree with them. WE WILL NOT BE REMOVING OUR SIGN. I WILL GO TO JAIL FIRST! If it is a fight they want, it is a fight they shall have.

    - Dimitri Karras, CEO Ares Armor

    Link to the details.

    ..
     

    5cary

    On the spreading edge of the butter knife.
    MDS Supporter
    Dec 30, 2007
    3,678
    Sykesville, MD
    And the billboard the local government is complaining about:

    ares_zps5850744f.jpg
     

    nedsurf

    Ultimate Member
    Feb 8, 2013
    2,204
    Their website gives the mayor and city council numbers. Easy enough to call to say we will financially support any resulting lawsuit.
     

    elwojo

    File not found: M:/Liberty.exe
    Dec 23, 2012
    678
    Baltimore, Maryland
    So they didn't file a permit for the sign and are being charged as such? This isn't solely a violation of the first amendment - even though I imagine they were targeted by complaints because the sign is gun-related.

    Regardless, the solution looks like: take the sign down, pay a fine, get a permit, put the sign up. Until then...I would just keep the sign on the side of a big SUV in front of the building (under surveillance, of course).
     

    elwojo

    File not found: M:/Liberty.exe
    Dec 23, 2012
    678
    Baltimore, Maryland
    So they didn't file a permit for the sign and are being charged as such? This isn't solely a violation of the first amendment - even though I imagine they were targeted by complaints because the sign is gun-related.

    Regardless, the solution looks like: take the sign down, pay a fine, get a permit, put the sign up. Until then...I would just keep the sign on the side of a big SUV in front of the building (under surveillance, of course).

    Albeit - I like the idea of going to court on this. If they can prove other people placed signs up without permits and didn't receive a fine, this could very easily be seen as unjust - not even considering the radical difference they received in their time to appeal (from a nominal 30 days to 3 days!).
     

    elwojo

    File not found: M:/Liberty.exe
    Dec 23, 2012
    678
    Baltimore, Maryland
    Read their appeal. No permit required.

    Pretty sure 18.74.020 A says "signs...may not be installed until a site plan review and/or sign permit is conducted and approved". The referring section (18.12.100 C) describing exemptions from needing a sign permit does not list an exemption for business signs.

    Once again though - if other signs are installed without permits and not receiving fines and threats as according to the strict letter of the law, this should be enough to hold an appeal in court.

    /Probably should have been a lawyer
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,550
    SoMD / West PA
    Pretty sure 18.74.020 A says "signs...may not be installed until a site plan review and/or sign permit is conducted and approved". The referring section (18.12.100 C) describing exemptions from needing a sign permit does not list an exemption for business signs.

    Once again though - if other signs are installed without permits and not receiving fines and threats as according to the strict letter of the law, this should be enough to hold an appeal in court.

    /Probably should have been a lawyer

    Was the sign post installed before the ordinance was created?
     

    elwojo

    File not found: M:/Liberty.exe
    Dec 23, 2012
    678
    Baltimore, Maryland
    Was the sign post installed before the ordinance was created?

    I think you are asking: was the post that they put their sign on installed before the ordinance was adopted?

    I don't think it would be relevant. Businesses built following old city code statutes need to be brought up to code whenever a nearby function is modified by permit - so I think this would follow the same procedure.

    New sign -> permit required.

    I really wish he had filed a permit. Then whatever this shit-storm is would be completely without merit! [As opposed to a randomly enforced law due to disliking their message]
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    I imagine that this would be a excellent vehicle to reexamine commercial speech depending on whether this appeal is denied and in what manner.
     

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