Judge rules Leavenworth’s sign laws OK
Hotel owner opposed theme town’s code
A Leavenworth hotel owner’s challenge to the Bavarian-friendly municipal sign code was turned down Wednesday by a federal judge.
But plaintiff Steve Demarest said the judge’s ruling provides a useful framework for business owners to negotiate with the city over their signs and advertising.
“I know that if I go to apply for a sign into the future, I can point to the decision and say, ‘Hey, well, it says here I can do this, regardless of what the code says,’ ” said Demarest, owner of the Adventure Inn Hotel and Der Hinterhof tavern and restaurant.
Demarest and his wife, Deborah, sued the city last year, saying its restrictions on business signs were unconstitutional. Senior U.S. District Judge Justin L. Quackenbush ruled in the city’s favor, calling the sign code “content neutral” and not an abridgement of free speech.
Leavenworth Mayor Cheri Kelley Farivar said Thursday the ruling protects the town’s moneymaking Bavarian theme, which draws about 2 million tourists each year.
“If the judge had allowed any finding that there was a freedom of speech issue with our sign code, that would’ve opened the door for other kinds of challenges, which we have avoided,” Farivar said. “And I think this may be precedent-setting for other cities like Leavenworth that want to do a theme at some time in the future.”
Commercial signs erected within Leavenworth’s Bavarian-themed business district require a city permit and must conform to design, lettering and color restrictions spelled out in city code. The code forbids off-site signage, electronic reader boards, illuminated signs and other elements.
The Demarests have owned the hotel building at 321 Ninth St. since 2007. In 2009 they set out a freestanding plastic sign advertising their business, and later placed a sign above the Adventure Inn breezeway, without seeking city permits for either. When challenged by the city, the couple sued in Chelan County Superior Court, asking that the sign code be struck down. The case was moved to federal court.