Liberty Counsel sent a demand letter to the Alvin Whyms, Code Enforcement Manager for Osceola County and the Osceola Boad of County Commissioners, on behalf of the Osceola County GOP and its chairman regarding the blatantly unconstitutional efforts to prohibit the placement of political signs of conservative organizations, candidates, individuals, and issues outside of the relevant boundaries of election polling locations while allowing signs from Democrat organizations, candidates, individuals, and issues. This egregious discrimination is in violation of the First Amendment and Florida law.
Therefore, Liberty Counsel demands that the Osceola County Boad of County Commissioners retract the threatening October 25, 2024 letter; discontinue all efforts to prohibit the Osceola County GOP, its members, constituents, candidates, or affiliated individuals from displaying their signs in the traditional public forum of the public streets and sidewalks; apologize and announce to the public and media that the threatening letter issued to the Osceola County GOP was a mistake and represented unconstitutional censorship of the Osceola County GOP’s speech. These actions must be taken before 12 p.m. on October 31, 2024, in order to prevent further legal action.
On October 25, the Osceola County GOP, and candidates, individuals, and organizations affiliated with it, were informed that they are prohibited by Osceola County Land Development Code from placing political signs on government property, including rights of way, government offices, and polling locations owned by the county. However, county officials have permitted signs supporting Democrat candidates and issues.
Prohibiting only one candidate, political party, or issue from engaging in political speech is blatantly unconstitutional. In fact, a viewpoint-based restriction on private speech has never been upheld by the U.S. Supreme Court or any court in any type of open forum. Therefore, prohibiting only the Osceola County GOP from placing its signs in the traditional public forum of the public streets and sidewalks, while permitting those opposite political views to engage in such speech and place their signs without threat of sanction, the county has engaged in blatantly unconstitutional viewpoint discrimination.
In addition to the unconstitutional viewpoint and content discrimination, Osceola County’s prohibition on Osceola County GOP’s political signs violates Florida law. The Florida Election Code provides that “The owner, operator, or lessee of the property on which a polling place or an early voting site is located, or an agent or employee thereof, may not prohibit the solicitation of voters by a candidate or a candidate’s designee outside of the no-solicitation zone during polling hours.”
Liberty Counsel Founder and Chairman Mat Staver said, “Prohibiting only one side of a political debate is viewpoint discrimination in violation of the First Amendment. Enforcing unconstitutional sign codes to silence the core political speech of Osceola County GOP and the voice of those affiliated with it will not be tolerated.”
