The changes are meant to clean up an ordinance that doesn't jibe with state or federal laws protecting freedom of speech, said City Attorney Bryan Brown.

``The federal courts have tossed out the time limits and the federal courts have tossed out the size limits,'' Brown said.

He is unsure who requested the change but it was probably inspired, at least in part, by a sign controversy that erupted during the 2004 election season over a set of political lawn signs installed on the London Road lawn of Robert James.

James' signs, supporting President Bush's re-election campaign, were painted on two 4-by-8-foot sheets of plywood and placed on his front lawn. The signs became a target for teenage vandals but also political protesters, who complained the signs were in violation of the city's codes.

But a defiant James refused to take his signs down. At the time, Brown and! Minnesota's top election official, Secretary of State Mary Kiffmeyer, agreed the city's ordinance was superseded by both state and federal law. Messages to James for comment Thursday were not immediately returned.

CAN'T REGULATE TASTE

Brown said the only limit on opinion or political signs in the new ordinance is that they be built to withstand an 80 mph wind if they are more than 6 feet tall. A building permit would be required for signs that tall, according to a draft of the ordinance.

``You can regulate to achieve public safety but you can't regulate to achieve public taste,'' Brown said.

A comprehensive revision of the city's sign ordinance has been in the works for more than 10 years but changes are hard-fought.

``Signs are a really touchy subject with a lot of people,'' Brown said.

City Council President Donny Ness said he agrees city ordinances should comply with state and federal law and be in line with the federal courts.

Still, Ness worries about how an ordinance change might affect civility! in the city. Ness sits on the Duluth-Superior Area Foundation's Speak Your Peace Committee, a group focused on keeping public discourse civil.

``The nature of the signs that are being displayed are becoming a little less civil and a little more obnoxious and a little bit more in your face,'' Ness said.

OBNOXIOUS SIGNS FEARED

For the most part, political candidates and their supporters have voluntarily complied with sign size and time limits, said Gail Huntley, a former associate chairwoman of the state Democratic-Farmer-Labor Party. Huntley, the wife of state Rep. Tom Huntley, DFL-Duluth, has long been active in political campaigns. Huntley said she is eyeing the proposed ordinance change with skepticism.

``Maybe I'm just getting too old, but I think this is a bad idea,'' Huntley said. ``I'm all for freedom of speech and expressing your ideas, but this could get way out of hand.

``One candidate is going to put up a large sign and another candi! date is going to put up a larger one -- I can see yards full of obnoxi ous signs.''

Tony Doom, a sign-maker in Marshall, Minn., agreed.

``The competitive momentum would engage, which is fine for my business, but frankly I find it offensive when you've got these big honking boards in people's yards,'' said Doom, who makes signs for political candidates at all levels of government.

SELF-RESTRAINT EXPECTED

Cities in Minnesota are ``all over the board'' when it comes to sign ordinances, Doom said. But rolling back restrictions could lead to a host of unwelcomed neighborhood eyesores, Doom said. ``Somebody out there is just going to go wall-to-wall with a billboard,'' he said.

Duluth City Councilor Tim Little said he hopes that won't happen.

``I don't think it's encouraging people to do that,'' Little, a lawyer and chairman of the council's public safety committee, said of the ordinance change. ``People who want to do something like that are going to do it whether this ordinance is place or not, and it's unlikely ! it would be constitutional to limit that.''

Little said he supports the ordinance change and trusts Duluthians to maintain a degree of tasteful self-restraint.

The soonest the City Council could act on the ordinance change is Aug. 8.

Memo:
AT A GLANCE

Proposed revision for Duluth's sign ordinance includes:

New category for ``property owner opinion'' signs.

Removal of size restrictions for political and property owner opinion signs.

Removal of time limits for political signs.

Reduction of property line and public street/sidewalk setback, from 10 feet to 3 feet.

Requires building permit for political/opinion signs exceeding 6 feet in height.

Copyright (c) 2005 Duluth News-Tribune