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2:38 p.m. • 5-22-13

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Published: 2013-01-22 13:46:00
Updated: 2013-01-22 14:05:00

Cary wins federal appeal in house-sign fight


David Bowden house
David Bowden house
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A U.S. appeals court has overturned a federal ruling that the Town of Cary violated a resident's freedom of speech when it fined him for violating the town's sign ordinance.

In August 2009, David Bowden painted the phrase "Screwed By The Town of Cary" on his Maynard Road home after, he claimed, a road-widening project caused drainage problems on his property.

The American Civil Liberties Union of North Carolina sued on Bowden's behalf, and in December 2010, U.S. District Judge Louise Flanagan found that the town infringed upon Bowden's right to express a message of political protest when it tried to enforce the ordinance, which specifies how and where signs can be displayed.

Cary was subsequently ordered to pay more than $46,000 in attorney fees and court costs.

The Fourth U.S. Circuit Court of Appeals in Richmond ruled Friday that the ordinance does not violate the First Amendment.

"We are very pleased with the court’s affirmation of our fair and balanced treatment of community standards and the First Amendment," Lisa Glover, assistant attorney for Cary, said in a statement. "We appreciate all the support we received from local governments across the United States."

Bowden died of cancer in June 2011.


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Too bad that man didn't get to see justice serviced. Town of Cary sucks...

FYI, you can go outside in Cary in your PJs, no law against that. The only thing preventing you is you own self confidence. I grill on the back porch in my boxers sometimes. I have a Jeep in the side yard and several cars in the driveway. I can put up my own signs so long as they conform to the regs. I can even fly the flag if I want. So Cary isn't as bad as you play it up to be. GravyPig January 22, 2013 4:37 p.m.

You made my point for me. Where I live we DO NOT have to comply or conform to City Regulations.

Let the ACLU pay the fees.

This is a State issue. The feds shouldn't have have been in on in to begin with. What has happened to States Rights. The feds are taking everything away from the States.

So how much did this appeal cost Cary residents? Just like Cary to save face and spit on a deceased man.

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