FOR IMMEDIATE RELEASE:
March 11, 2010
CONTACT:
Brandon Hensler, Director of Communications, (786) 363-2737 or media@aclufl.org
CLERMONT, Fla. – The American Civil Liberties Union of Florida secured a preliminary injunction today when a federal judge ruled from the bench that the city of Clermont is violating local businessman Wayne E. Weatherbee’s free speech rights. The ACLU filed a lawsuit on behalf of Weatherbee, owner of Bee’s Auto located in Clermont, last month after city officials attempted to suppress his free speech.
In October 2009, Weatherbee erected 12 signs on his business property in political protest against the City, which he claims selectively enforced its laws against him and his business, including falsely arresting him. One of the signs reads:
“ACLU WHERE ARE YOU.”
Beginning Tuesday, February 2, the city began imposing a $75/day fine on Bee’s Auto until the signs are removed or Weatherbee obtains a permit.
The court held today that the signs were clearly speech protected by the First Amendment and the city had not been able to show any legitimate reason why it could prohibit them, rejecting the city’s argument that the signs were conduct and not speech. Weatherbee will be allowed to maintain the signs on his property, as is guaranteed to him by the First Amendment. Further, the city is barred from imposing fines against Bee’s Auto under the code, and Weatherbee will not be responsible for any fines imposed on him by the city.
“This is a clear victory for Mr. Weatherbee, and for free speech in Florida,” said Maria Kayanan, ACLU of Florida Associate Legal Director and co-counsel for Mr. Weatherbee at today’s hearing. “When government tries to ride roughshod over free speech and protected political protest, the ACLU will answer the call to action to defend the rights guaranteed by the First Amendment.”
The ACLU’s lawsuit asserts that the city’s ordinance regarding signage is unconstitutional and that officials are unconstitutionally applying it to Bee’s Auto. With the preliminary injunction in place, Weatherbee and Bee’s Auto can maintain the signs as the lawsuit proceeds in an effort to declare the city’s signage ordinance unconstitutional.
“As the judge said, the relief she granted is extraordinary, under extraordinary circumstances, and in a unique case,” said Derek Brett, ACLU cooperating attorney. “This establishes affirmatively that the city, through its officials and its code, was attempting to deprive Mr. Weatherbee and Bee’s Auto the constitutionally granted right to free speech and free expression. This is proof that the little guy can still get a measure of justice in our great society.”
View photos of the signs erected at Bee’s Auto here:
http://www.aclufl.org/news_events/gallery/index.cfm?action=viewGallery&entryID=54
For a description of the signs erected at Bee’s Auto, download a PDF of the complaint filed in federal court here: http://www.aclufl.org/pdfs/weatherbeecomplaint.pdf
View the ACLU’s 2007 letter to the city of Clermont about political speech here: http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=2947
Bee’s Auto vs. City of Clermont was filed in U.S. District Court, Middle District of Florida, Ocala Division. Attorneys leading the case include Derek B. Brett, ACLU cooperating attorney; and Maria Kayanan and Randall Marshall, both of the ACLU of Florida.
About the ACLU of Florida
The ACLU of Florida is freedom's watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For additional information, visit our web site at: www.aclufl.org.
# # #
