First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Pennsylvania woman wins ruling on religious sign

By The Associated Press
12.29.03

YORK, Pa. — A York woman fighting City Hall for a decade over a religious lawn sign in the yard of her former home has won a court ruling that a local sign ordinance was unconstitutionally applied in her case.

U.S. Middle District Court Judge Yvette Kane ordered the city to pay $3,548 in damages to Sybil Peachlum and enjoined the city from enforcing parts of the sign ordinance.

"God wins," Peachlum, 47, said on Dec. 23, celebrating even though she currently has no place to erect the sign again because she lost her home in a foreclosure. "I've been harassed to the nth degree. I've faced multiple charges. This decision tells me I was right."

Peachlum's legal battle began in January 1994 when a neighbor complained about her illuminated 3-by-5-foot sign, which depicted an anthropomorphized peach holding a newspaper with the headline, "Peachy News. Jesus is Alive."

Peachlum was repeatedly cited by the zoning department and fined after refusing to remove the sign, and her permit application was rejected. In 1999, she asked the zoning department to waive the $350 appeal fee, but the city said no.

In November 1999, after she was cited four times in two months for violating the sign ordinance, Peachlum filed suit, accusing the city of violating her rights to free speech, free exercise of religion, due process and equal protection.

In a 17-page decision issued on Dec. 19, Kane ruled that the city had restricted Peachlum's free speech because the ordinance "imposes discriminatory restrictions based on the signs' content," allowing exemptions "based on the sign's function or the message it displays, in addition to the physical characteristics of (the) signs."

Kane found that the city's sign ordinance did not violate or restrict Peachlum's freedom of religion or equal protection. Her due-process complaint was deemed moot in light of the other rulings.

In June, the 3rd U.S. Circuit Court of Appeals ruled that the city must make exemptions to the zoning appeal requirements for individuals who cannot afford the $350 fee.

City solicitor Donald Hoyt could not be reached for comment.

Peachlum said she was working toward having her own residence again. Until then, her sign is in storage.

"If I ever get to that point, the sign is definitely going back up," she said. "I will use my home as an expression of my faith."


Previous
Fight over lawn sign can go to court, appeals court says
3rd Circuit panel reinstates woman's lawsuit challenging York, Pa., officials' refusal to let her keep 'Peachy News. Jesus is Alive' sign. 06.24.03

Related
News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Tuesday, February 9, 2010 | 15:25:06
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Singsā„¢
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links