A judge for the Superior Court for the State of Alaska Third Judicial District at Anchorage issued a restraining order [order, PDF] on Monday preventing the state from removing political signs in view of, but outside, the state’s right of way.
The order comes in response to a legal challenge filed [complaint, PDF] by the American Civil Liberties Union of Alaska (ACLU) [advocacy website], seeking injunctive relief against Alaska’s Department of Transportation & Public Facilities [official website] from interfering with political signage located on private property.
Alaska Statute 19.25.105 [materials] prohibits outdoor signs “to be erected or maintained within 660 feet of the nearest edge of [a state] right-of-way and visible from the main-traveled way of the interstate, primary, or secondary highways in this state.” The law carves out a number of commercial exceptions but does not provide such for temporary political signs. The ACLU has argued that “by allowing many kinds of private and commercial outdoor advertising, while simultaneously barring temporary political signs, the statute is an ‘improper content-based restriction on speech and is unconstitutional on its face.'”
The Superior Court’s order is limited in its scope, only addressing small political signs. The order allows the state to continue enforcing the ban within the state’s right of way, as long as political and commercial signs are treated the same.
