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Cary to appeal ruling for homeowner's sign

Posted April 20, 2011

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— Town officials said Wednesday that they plan to appeal a federal judge's ruling for a Cary homeowner over a message he displayed on his home.

U.S. District Judge Louise Flanagan ruled in December that the town violated David Bowden’s freedom of speech when it fined him for spray-painting the phrase “Screwed by the Town of Cary” on the front of his home at 305 Maynard Road.

In February, she ordered the town to pay $46,197.27 in fees.

Town officials said Bowden violated an ordinance that specifies how and where signs can be displayed in the community. Flanagan ruled, however, that the town’s rules were content-based because they don’t regulate holiday decorations or other things not commonly considered to be signs.

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  • Hater like Darth Vader Apr 21, 2011

    You might want to reference the associated links also. One of the headlines clearly says, "Homeowner seeks $1 from Cary in sign dispute". He filed a lawsuit for a permanent ban from enforcing the ordinance against him as well as all legal fees and $1.00 in damages.

  • IzzMad2016 Apr 21, 2011

    He didn't sue for a dollar....that's the amount he was awarded (reference the associated story links) after he won the right to keep his stupid "sign" up. He said on camera ... I heard it with my own 2 ears ... he wanted $170K for the house and $80K for his "aggravation." That sounds to me like he is indeed interested in money.

    First class hater, huh? Remember....the first step to recovery is admitting the problem. :o)

  • Hater like Darth Vader Apr 21, 2011

    It's not that I care to always have negative opionions (Although, I am a first class hater) it is the fact that people actually support people like this guy who didn't even bother to negotiate like a civil human being and he instead opted out in order to take the route of costing both sides a lot of money for no personal gain. Remember, the dude isn't doing this for money, he sued the town for $1.00. He isn't interested in any actual solution that anyone would agree to.

  • IzzMad2016 Apr 21, 2011

    @Hater : "Be Nice for a Change" isn't just a name for GoLo posting....it's a suggestion for folks such as yourself who seem to thrive on insulting anyone here who doesn't share your negative opinions.

  • RonnieR Apr 21, 2011

    I think that Cary will loose because it is political speech, so they should drop it. I don't think they shouldn't pay him anymore than the $1.00 damages and the attorney fees. I say this so folks won't think that we believers in the first amendment also want TOC to buy his house.

  • wralfan Apr 21, 2011

    Umm, that quote I used is from wral.com if we are sticking to facts. And yes, I watch both WTVD and WRAL since there are like 5 hours of local news on per day I try to switch it up some, no secret about that.

    What I love is everyone likes authoritarians when it's somebody else's rights being infringed. Wait until it's your own and it's too late to do anything about it.

  • seaturtles246 Apr 21, 2011

    wralfan - from what I've heard, the TOC has only purchased three houses in the past couple of years. Two for capital improvement projects and one for a road widening project. Not for drainage issues. I think you secretly watch WTVD.

  • wralfan Apr 21, 2011

    What Hater means is if this guy is a Yankee, his first amendment rights don't matter.

    It's ashame people in the south (the side that lost) can't ever seem to get over the War of Northern Agression. It's only been what, 150 years?! Talk about getting over something. Sheessh.

  • wralfan Apr 21, 2011

    And for those who like facts- DOT may have widened the road b/c DOT handles all state roads but it may have been under Cary's direction/planning/funds. Tryon Rd. is a perfect example of what I mean, widening was paid by Cary/Raleigh to get it done sooner b/c state funding was never coming around and why there is still an out-dated bridge near golf course in south Raleigh.

  • seaturtles246 Apr 21, 2011

    Oh.....

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