The Cities of Sioux Falls & Lennox, SD think violating the 1st Amendment is OK
l3wis Isn’t it funny in Trumpistan what’s black is white and what’s right is left. In the latest disarray is this;
Asked about recent reports of political flags being flown at street construction sites, local governments say it’s contractors’Â constitutional right to do so.
Readers have recently reported the presence of Donald Trump flags at street construction sites in both Sioux Falls and Lennox, and asked if there were any regulations around political displays from contractors doing work paid for by local government.
While there was no sign of the Trump flag previously spotted near the intersection of West 41st Street and South Western Avenue on Monday, representatives of both cities said even if there were, there’s no issue.
BryAnn Becker Knecht, a spokesperson for Sioux Falls, said “It is not the practice of the City of Sioux Falls to intrude upon the constitutional rights of any entity or individual with whom it contracts.”
And Nathan Vander Plaats, the city administrator of Lennox said there was no ordinance prohibiting contractors from displaying a political flag either.
“Anybody is free to speak their mind on political matters,” he said.
While having a Trump flag or sign on their personal contractor vehicles is well within their 1st Amendment rights, planting that flag on public property is a CLEAR violation of the 1st Amendment;
In City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789 (1984), the Supreme Court upheld a city ordinance prohibiting the posting of signs, including for political candidates, on utility poles, cross wires, and other structures on public property.
I’m actually surprised anyone would challenge this? Using public property to advertise political candidates (especially the president) is a big NO NO. In fact, someone should remind city employee Knecht that the City of Sioux Falls actually has a city ordinance that forbids political advertising on city property which is inline with the 1st Amendment;
97.001 POSTING ON PUBLIC PROPERTY.   No person shall nail, paste, paint or otherwise affix in any manner any sign, advertisement, picture or design whatever upon any bridge, viaduct, sidewalk, parking, parkway, boulevard, crosswalk, curb or street or upon the railing or approaches of any bridge, viaduct or sidewalk or upon any telephone, electric light or fire alarm pole or post.(1957 Rev. Ords., § 9.810; 1992 Code, § 3-1)
They even show some handy examples. Maybe someone in the Constitutional department in the City Attorney’s office needs to get a hold of Knecht and let her know about the 1st Amendment.
And if anyone has any pictures of these Trump flags being placed on city owned property please send them to me, would love to post these Constitutional violators on the site.
