07/19/2018: "Power Suit Forces County Hand On 1st Amendment Violation"
After 25 years, and a law suit by a local attorney, San Juan County will finally remove an unconstitutional probation that restricted political signs.
On July 20th the County will hold a joint public hearing(pdf 4826\k file) with the planning commission as the first step in the legal process to change language in an ordinance that sets time limits on the posting of political signs.
Local attorney Nicholas Power filed a complaint in San Juan County Superior Court alleging that San Juan County is unconstitutionally infringing on his First Amendment rights by enforcing the regulation -SJCC 18.40.400(c)- that limits political signage to be posted only within 45 days of an election.
Judge Loring of San Juan County Superior Court ruled in favor of Nicholas Power and entered a temporary restraining order preventing San Juan County from enforcing San Juan County Code 18.40.400(c).
Judge Loring wrote, "Plaintiff had demonstrated a substantial likelihood of success." And further indicated that the Mr. Power was entitled to immediate relief because of nature of his constitutional injury.
Power pointed out that the resttiction on politicals signs declared unconstitutional in back 1993; but somehow, SJC passed a code provision in 1998 that was clearly unconstitutiona.
Mr. Power is running as a candidate for Prosecuting Attorney in San Juan County.