Residents of Baldwin Borough can post political and non-political signs in their yards for years at a time under an agreement reached with the American Civil Liberties Union yesterday.
The borough and the attorneys for the ACLU signed a consent order saying that Baldwin cannot put time restrictions on any non-commercial signs displayed on private property.
The case came before U.S. District Judge Thomas M. Hardiman after former Baldwin Councilman Nick Fera filed a lawsuit challenging the constitutionality of a borough ordinance that said residents could not post signs prior to 30 days before an advertised event or election and signs must be removed within seven days after the election.
The borough forced Fera to remove a political sign from his yard supporting Jack Wagner for auditor general in September because it was posted more than 30 days before the November general election.
Fera recently ran afoul of the ordinance again when he posted a sign in his yard supporting Pittsburgh City Councilman Alan Hertzberg for judge.
With the settlement, the borough agreed not to enforce the time restrictions in the ordinance, but reserved the right to regulate any health, safety and welfare issues as they pertain to signs.
Witold Walczak, ACLU executive director, said Baldwin officials were cooperative in reaching a settlement in the issue, which he called a "free speech and property rights issue."
He said the agreement applies to all types of non-commercial signs, everything from political signs like "Vote for Joe" to signs that say "bring Joe home from Iraq" or "God Bless the Pope."
Baldwin Borough Solicitor Romel L. Nicholas said the law is evolving and the constitutionality of the borough's ordinance has not been decided, but the borough did not want to enter an expensive legal battle.
