Lawn sign against mines raises furor

by Jesse Nason, Poughkeepsie Journal

ANCRAM—A sign on private property opposing a proposed mine is sparking First Amendment debate in the town of Ancram in Columbia County.
On Friday, the New York Civil Liberties Union—arguing that the sign is constitutionally protected speech—filed an appeal with the town Zoning Board of Appeals. The town building inspector had ordered that the sign be removed because it poses a potential safety hazard for motorists, said ZBA Chairman Harold Faber. The sign is on Route 22, directly across the street from the proposed Palumbo Brothers mine.
But, according to the NYCLU, the town ordered that the sign be removed on the basis that it is an advertisement, which is prohibited in residential districts under the zoning code. The NYCLU argues that the sign's message is political speech, not an advertisement.
The four-foot by eight-foot sign on resident Marilyn Ashfield's lawn, reads "Save the Valley, Stop the Pit." The sign went up June 7, and the town building inspector ordered it taken down on July 3. It can remain in place until ruling, said Faber. The zoning board will hold a public hearing on the issue, but it could be more than a month away, he said.
Louise Roback, Capital Region Director for the NYCLU, said the matter will go to court if the zoning board upholds the building inspectors order.
"We'll win one way or the other," said Roback. "Whether it's in the town or whether we have to go to court over it."
"There is a venerable tradition of posting signs on one's own property," added Roback. "This is an important First Amendment issue."

Ancram ready to fight

Ancram Supervisor Gerald Simons said the town is willing to defend its stance in court as well.
"I might have agreed with the sign, and I did agree, but it was an illegal sign as far as we can tell," said Simons, who is also chairman of the Columbia County Board of Supervisors.
The proposed gravel mine has also proved controversial. Residents and elected officials from Ancram, North East and Millerton spoke out against the mine at a state Department of Environmental Conservation hearing on July 20.
Opponents argue it would have devastating environmental impacts. And they've attacked the track record of Dover-based Palumbo Brothers. Northern Dutchess communities are concerned about heavy truck traffic.
Owner Fortunato Palumbo did not return a call for comment Friday.
More than 1,000 people turned out for a public hearing last year in opposition to a landfill Palumbo wanted to open in Dover.
As in Ancram, signs went up around Dover opposing the proposed landfill. But in Dover, the signs were allowed to stay up.
"Our building inspector made rumblings about maybe taking them down," said Dover Deputy Supervisor Richard Hawthorne. "But we didn't hear any complaints about them. There was too much sentiment against the proposal."

For More Information Contact:

Capital Region Chapter of the New York Civil Liberties Union
90 State Street, Albany NY 12207
Tel: 518-436-8594
FAX: 518-426-9341
Internet:  NYCLUcrc@aol.com