December 1, 2008

ACLU backs Rockledge group's complaint

Environmental group unable to post signs

BY REBECCA BASU
FLORIDA TODAY

The Brevard County chapter of the American Civil Liberties Union is supporting a Rockledge environmental group's allegation that its free-speech rights were violated when the group tried to post signs showing its opposition to a well project.

Rockledge city officials told the group Save Our Aquifer not to post the signs along private property on a stretch of U.S. 1 in Rockledge.

The group was told its signs didn't fit into 10 allowable cases for temporary signs, nor did they fall into the category of political signs because they weren't about a referendum issue or candidate.

Kevin Aplin, vice president of the Brevard ACLU, disagreed.

"Clearly, it's a political sign, to do with permitting over an environmental issue," he said. "Citizens have a right to express an opinion. You can't make a determination just because someone's not on a ballot (that) it's not a political issue. Any sign that would comment on an issue of the day that would come before the city of Rockledge is political by its very nature."

The ACLU asked the city to revoke its ordinance, and wants a response by Wednesday. It also asked the city not to enforce the ordinance in the meantime.

Rockledge City Attorney Joe Miniclier said there would be no enforcement on the sign law through today.

"We've never had the free-speech issue come up before," he said. "The ordinance doesn't speak specifically to what (the group) is trying to do by putting (signs) on private, commercial property. We'll evaluate it and ask our council what they want to do."

Rockledge has been moving forward with a plan approved by
the city council to inject treated sewage into the Floridan Aquifer, the main source of
Florida's underground drinking water.

The project, an aquifer storage and recovery well, is being done as a way of guarding against water scarcity and increasingly tight water regulations, officials said.

Well construction is expected to finish soon. Then the city will seek an amendment to a permit, allowing for a series of tests to prove the project won't harm the aquifer, City Manager Jim McKnight said.

The Florida Department of Environmental Protection, which issued the permit, will require a public hearing on the amendment.

Save Our Aquifer spokeswoman Amy Mosher opposes the well project because she believes it could harm the aquifer and foul drinking supplies.

She said the group wants signs in place before a public hearing, to raise awareness of the group's opposition campaign. Smaller signs have been placed at private homes in the city, Mosher said.

"Nine out of 10 people still haven't heard about the project," she said.

Another part of the city's sign law the ACLU calls unconstitutional is the requirement of a cash bond for political signs. In Brevard County, rules vary from city to city on the requirement of a cash bond for political signs.

Contact Basu at 242-3618 or rbasu@floridatoday.com.

 

 

 

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