'Impeach Bush' sign prompts littering charge

[EthanAllen]

http://www.cleveland.com/plaindealer/stories/index.ssf?/base/portage/1186735350295500.xml&coll=2


'Impeach Bush' protester faces greater fine
Friday, August 10, 2007
James Ewinger
Plain Dealer Reporter

Kent- The city moved Thursday to dismiss its criminal case against a resident who posted an "Impeach Bush" sign in a public garden, but it was only a momentary retreat.

City Law Director James Silver said he intends to file a littering charge against Kevin Egler, which is a more serious offense and carries a fine of up to $500 - five times that of the $100 fine Egler could have received under the original charge of advertising in a public place.

Egler's attorney, Bob Fitrakis of Columbus, said after the hearing in Kent Municipal Court that the pending charge is an even greater affront to free speech because of the higher potential penalty. He called it a time-honored method of attacking political dissent.

Fitrakis said littering charges were levied to curb political speech by college students in Columbus protesting the original Gulf War in 1991 and 1992.

"The [city's] real intent is not to admit that it made a mistake," Fitrakis said. He said Egler should not have been charged under the anti-advertising ordinance because there was no commercial element and no profit motive.

Fitrakis, who specializes in First Amendment issues and is the publisher of freepress.org, said he is not aware of any mainstream politician being charged under littering or anti-advertising laws, even though they plaster public spaces with campaign information.

Outside the courtroom, Egler produced two dozen photos of other posters that appear to have gone unchallenged by the city, including announcements of poker tournaments, garage sales and military recruiting drives.

Egler said someone took down his sign soon after ticketing him July 25.

"If you're a Green Beret, it's OK," Fitrakis said. "If you're pro-military, you can litter all over the city."

The hearing before Judge John Plough was brief, and attended by about a dozen supporters of Egler, including members of Portage Peace, the Portage Democratic Coalition, and Progressive Democrats of America.