Candidate files lawsuit alleging Hamilton County sign ordinance violates political speech

NOBLESVILLE, Ind. — Rick Sharp filed a lawsuit today in Hamilton County Superior Court 4 alleging the county's sign ordinance is violating political free speech.

The county commissioners voted unanimously Feb. 12 to enact a $500 fine for placing signs in the unincorporated areas they control, largely targeting the right of way along roads. Candidate signs that pop up every election are the biggest offenders, though signs advertising open houses and homebuilders are a close second.

Sharp's attorney, Tim Stoesz, filed the lawsuit alleging the ordinance violates the First Amendment. The lawsuit asks Judge William Hughes to set aside the ordinance and award Sharp legal fees.

Sharp thinks the ordinance will disadvantage lesser-known candidates, people who have little name recognition or money for TV spots and mailers.

"I believe this infringes on free political speech, and there is no more precious form of speech in this country than political free speech," said Sharp. "I think it's also a blatant effort by entrenched and established politicians to favor their candidates."

Legal experts say Sharp has an uphill climb based on past Supreme Court case rulings.

Sharp is a former Carmel Council president. He is running in the Republican primary for an open seat on the Hamilton County Council against information technology professional Sheldon Barnes, Carmel Clerk-Treasurer Christine Pauley and Ken Alexander, the former director of Westfield's Grand Park Sports Campus.

Sharp said candidate signs provide name recognition, which he thinks is one of the most important factors in winning elections. He said voters who see his campaign signs may decide to find out more information about him as a candidate.

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