Anti-Gay Protesters in Newport, Farley Says They Must Go

Anti-gay protestors held signs in the median next to the wave statue Friday night, according to multiple witnesses. Newport Councilor Michael Farley called the signs "bigoted."

"I noticed them while returning from picking up our weekend guests at the train station, as did every visitor who drove through that heavily traveled part of town," said Farley.

He has asked City Manager Jane Howington to prohibit the signs from the sidewalks under the off-premies advertising ordinance which is copied below.

"We cannot have content-based restrictions, but this conduct is totally unacceptable in our city for a wide variety of reasons," said Farley.

What do you think? Are the protestors protected under the First Amendment or should Newport ban the signs?    

17.76.160. Off-premises advertising

A. Advertising by means of signboards which are carried by a person, including so-called sandwich boards, shall be allowed subject to the following terms and conditions:

    1. Said signboards shall not be in excess of twenty (20) inches in width or more than forty (40) inches in length;
    2. Signboard advertising shall be permitted only on sidewalks, and only in areas zoned as business districts;
    3. Signboard advertising shall be restricted to daylight hours.

B. Fixed signs which include advertisement, identification, publicity or notice of goods, services, establishments, enterprises, activities, persons, organizations and facilities which are not located on the premises, are allowed only in the commercial-industrial district. However, no such sign shall exceed an area of six hundred seventy-five (675) square feet; shall be located at least twenty-five (25) feet from any property line; shall be at least two hundred (200) feet from any residential district line and shall not exceed a height of twenty-five (25) feet above the ground. Such signs may be illuminated. The lots on which the signs are located shall contain no other use and shall be properly maintained by the owner of the signs.

C. Directory Signs may be permitted on corner lots of record in the Waterfront Business zone to promote businesses located along the public wharves and rights of way. The property owner of record must submit an application for a sign permit, fees, and sign plan to the Director of Planning, Zoning, Development and Inspections, or designee. Permission is subject to the approval of the submitted sign plan by the Director, or designee. Said sign plan shall address the proposed location of the sign, size, text of business directory panels, and directional icons. The sign shall not exceed 36 square feet in total area and shall be wall-mounted on the exterior of the corner building facing oncoming vehicular traffic. Business names must be formatted in a vertical, stacked list with each business name sign plate not to exceed five (5") inches in vertical height. Only one primary name sign plate is allowed per directory sign, preferably the name of the wharf or right­of-way, and shall not exceed seven (7") inches in height. The sign shall not be backlit or internally illuminated. Approval of any directory sign shall also be subject to the removal of all non-conforming signage for the corner property of record and for all businesses listed on the directory sign.

D. The following described billboards which have been “grandfathered” by a decision of the Rhode Island Supreme Court are exempt from the operation of this section and shall be allowed as follows:

    1. Van Zandt Avenue, one single pole unit with provisions for a parking lot or tot lot;
    2. Wellington and Thames Streets, four units refurbished and landscaping with fencing on back of property;
    3. Thames Street and Narragansett Avenue, two units with new trim and lights;
    4. Thames Street and Morton Avenue, three single-pole units with illumination with lot fenced in; and

All of the above locations shall be maintained on a weekly basis. In order to protect the quality of life for residents in the residential and limited business zones, these billboards cannot be enlarged, expanded or intensified in any way, including the addition of flashing or moving illumination or "Light Emitting Diode" (LED) technology.