>SAVE THE WHALES!
From Saturday’s Record
Ridgewood lifts ban on signs of hospital critics
Saturday, July 7, 2007
By BOB GROVES
STAFF WRITER
Citing the right to free speech, Ridgewood officials have reversed a ban on lawn signs that say “Stop The Valley Hospital Expansion.”
Residents who had posted the yellow signs on their front lawns had received letters from the village ordering them to remove the signs. They were told the signs violated a village zoning ordinance.
But Anthony Merlino, Ridgewood’s construction official and zoning officer, said he changed his mind after he received “many sincere inquiries” and consulted with the village attorney.
“The village will not take any action to have the signs removed,” he wrote in a letter to residents.
A spokeswoman for the hospital declined to comment on Friday.
Many neighbors of The Valley Hospital have protested its proposed $750-million plans to add a one-story parking deck on Linwood Avenue, and to tear down two older buildings and replace them with three new structures up to 80 feet tall. The hospital campus is surrounded by homes and a middle school.
Residents who received notices to remove their signs were only further frustrated with the village. While Valley has presented its plans to town officials several times, opponents were told they must wait until September to argue their case against hospital expansion.
“I’m very upset about the letters,” said Patricia Ciliberti, who lives near the hospital. “They were attacking my free speech. I’m from the protest generation. I’m still upset.”
Despite being told to remove her sign, she never took it down.
Valley was “a small community hospital” when she bought her home in 1991, she said. “I don’t want them to get any bigger,” she said.
Jim Blinn, who lives directly across from the hospital, said he was relieved his sign could stay.
“I thought they had overstepped their bounds,” Blinn said. “I was taken aback. I thought it was intrusive.
“We left our sign up the entire time, to make other members of the village aware of this massive, mind-boggling project,” he said.
The “Stop Valley” signs are protected under non-commercial speech because they address a public issue, said Matthew Rogers, the village attorney. The same laws protect political campaign signs and placards promoting issues such as a local effort to remind residents to “Drive 25,” Rogers said.
“The courts, and a litany of case law on regulating signs in residential areas, have found that non-commercial speech is more protected than commercial speech, [such as] signs talking about a carwash going on,” Rogers said.
The “Stop Valley” signs can remain in place only if they meet certain criteria set by the village, Merlino said. They must not be larger than 18 inches by 24 inches in size, and they are limited to one sign per property, to prevent “visual clutter” in residential neighborhoods, he said.
The signs may not be placed on village property, or in public rights of way, including sidewalks or curb areas, and they must not obstruct the vision of pedestrians or drivers, Merlino said.
Otherwise, “we have to allow them if they’re on private property, and they’re for a cause, like ‘Save the Whales,’ ” he said.