Man loses sign, sues city

TUMWATER, Wash. – A Tumwater business owner has sued the city, saying it stifled his freedom of expression when it removed a sign protesting proposed county regulations that he posted near his business.

Barney McClanahan’s complaint calls for the city to stop enforcing its ban on signs in the rights-of-way of public streets. The complaint asks the court to declare the city’s sign code unconstitutional because it restricts free speech. McClanahan, who owns Tumwater Pawn Brokers, said his sign read “STOP Taking Our Property.” STOP Thurston County is a movement funded by the Freedom Foundation to protest the county’s update of its critical-areas ordinance. The update is drawing criticism from some who say the county is putting protections of animals and land ahead of property rights.

“I just couldn’t believe that they were taking that sign, which basically, I feel they took my message, they took my voice,” he said.

Mike Matlock, Tumwater’s community-development director, said the city has maps that depict right-of-way boundaries but that those lines aren’t surveyed. Lines often differ from property to property.

McClanahan contends that the sign was placed on his own property but says that even if it was in the right-of-way, he takes issue with the city limiting speech.