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JM1V•lN yam, <br /> ~O <br /> <br /> Stephen K. Yamuhiro RitFurd Wurdeman <br /> Mayor ~ Cer(towtian Ce.wl <br /> Cnnunf~r of ~xfuttii <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street, Suite 125 Hilo, Haw4ii 96720262 • (808) %1$251 F„ (808) 969-7049 <br /> 23 May 1996 <br /> OPINIOP NO. 96-03 <br /> Ms. Barbara Hell <br /> County Clerk <br /> Hawaii County Council <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> SUBJECT: ELECTIOP SIGN ORDINANCE <br /> Dear Ms. Bell: <br /> As the electoral season approaches, and the first complaints <br /> about the placement of election signs are received by your <br /> office, it seems appropriate to review the County Ordinance <br /> relating to such signs. <br /> Chapter 3 of the Hawaii County Code (HCC) provides a <br /> comprehensive scheme for the regulation of signs. Political <br /> campaign signs, although ezempted from many of the chapter's <br /> requirements, are limited to an area not ezceeding one square <br /> foot, and are permitted only for a period of sizty days prior to <br /> an election, and ten days following. They are also restricted <br /> to signs announcing a candidate seeking public office, and do <br /> not include political messages relating to "causes", as opposed <br /> to individual candidacies. HCC 3-32(a)(1)(D). <br /> It is the continuing opinion of this office, that this ordinance <br /> is unenforceable, in that it is an overbroad infringement on the <br /> right of free ezpression. <br /> In analyzing those types of cases, the Courts traditionally have <br /> used a two-step process. First, a determination is made as to <br /> whether a regulation is content-based or content-neutral. Then, <br /> based on the answer to that question, the proper level of <br /> scrutiny is applied. Ladue v. Galleo, US 114 S. Ct. <br /> 2038, 2047, 129 Led. 36, 50 (1994) (O'Conner, J. concurring). <br /> <br />