THE LAvV OFFICES OF lVIICH.!\.EL S. DoR,AN, L.L.C. Michael S, Doran, Esq 802 South Avenue We& Westfield, New Jersey 07090 Tel: (973)232-5165 Fax: (973) 618-5567 Admiled to Practice ii NeY, York and New Jersey 121 Varick Street, 4" Floor New York, New York, 10013 Tel: (212)369-6245 October 30, 2018 •Ptease send aJI correspondence to die NJ office Via Elearo11ic .Mail and Facsimile Frank Genova Director ofCode Enforcement Borough ofRoselle Pant 110 East \Vestfield Avenue Roselle Park, New Jersey on04 Re: Removal ofPolitical Signage From Private Property Dear Mr . Genova, It is with great regret that the Roselle Pant Democratic Committee, Joseph Petrosl-y, Joseph Signorello, and Rob Mathieu are forced to address your renioval of political signage from private. property throughout the Borough of Roselle Pant. Despite the long-standing principle that political speech enjoys enhanced protection under the First Amendment of the United States Constitution, you have renioved political signage from private property \,�thout authority, "�thout first providing the owners of ih06e signs any process, no less due process, and without a scintilla of e\�dence that any of the. signs renioved �olated the ordinances of the Borough of Roselle Park. Though it is clear that the majority of the signs removed were those which supported candidates challenging the current Borough administration, our position applies to all candidates for local elected office. First, the Borough's ordinances do not support your actions. Borough Land Use Ordinance 40-601 merely restricts political camprugn signs froni "being illuminated" and from being posted "on fire hydrants, public telephone booths, utility poles or on trees in public right-of-way." Ordinance 40-3002 pro�des only that signage in residential districts not "be placed where it obstmcts pede.1rian or vehicular �ews." While that ordinance forther restricts the in which certain specifically delineated signs can be placed on residential property, nothing October30, 2018 • Page 2 in the whole of that ordillance addresses the manner or placen1ent ofpolitical campaign sign� on private residential properties. Second, it appears the Borough is well aware of the minimal restrictions placed on political camJ><'lign signs by its own ordinances, as further limited by the Supreme Court's 2015 coodemnation of restrictions on political ,peech in the matter ofReed. et al. v . Town of Gilbert. Arizona, which i n many respects has proven to be the death Imel! for such municipal restrictions. To be sure, on Septen1ber27, 2018 ihe Borough ad\�sed political candidates that lawn signs would not be pennitted on public lands \,�thin the Borough, including "the Westfield Avenue (NJ Route 28) median, otller easements on municipal, county, and state roadways, municipal pruks, telephonepoles, traffic signage, and traffic signals." However, the prohibition is limited to "public l and" and not private property. Further, even if the Borough's zero-tolerance policy applied to private property, which it does not, the Borough's attempt to restrict political speech by Borough residents would surely tail the strict scmtiny analysis that any Court would apply. Indeed, there is simply no basis or authority to support your removal ofpolitical signage from private pr operty . \Vhile my client i s prepared to proceed with an Order to Show Cause seekin g the immediate re-placement of the signage at the residences from which they were improperly ren10ved and to fitrtb.er restrain the Borough fron1 infringing on the residents' First Amenchnem rights, they would fust prefer to provide you an opportunity to redress ihis matter \\�ihout resort to the Courts. To that end, we request that all signage removed from private properties be rettlllled back to the properties from which they were taken by no later than 3:00 PM on \Vednesday, October 31, 2018 and that you confinn, imlllediately upon receipt ofihis correspondence, that efforts will be. made to coniply with this request. Failing that, we will be forced to file the necessary application with the Superior Court of New Jersey to obtain the relief requested. Please be gitided accordingly. Iv ·ataeJ:s. Doran michael@dornnlawgroup.c0111 cc: Dan Petrosky Joseph Signorello m Joseph Petrosl-y Rob Mathieu