Cary homeowner revises sign
Posted February 25, 2011 9:44 p.m. EST
Cary, N.C. — The Cary homeowner who expressed his displeasure with the town in crude fashion across his facade updated that message Friday.
David Bowden wants the town to buy his property because he blames a road-widening project funneling rain water into his home at 305 SW Maynard Road. He first painted the phrase on his house in July 2009.
Town officials threatened to fine Bowden, calling the words a violation of the town's sign ordinance. After almost two years of back and forth in the courts, District Judge Louise Flanagan ruled in December that the fine violated Bowden’s freedom of speech.
It was her ruling that prompted the update, Bowden said.
The new message, which contains the initial, off-color phrase, invites passers-by to tour "some of Cary's finest engineering and construction." It continues, "Oh by the way, now I have lung cancer but remember I put up a good fight."
The sign, in yellow letters against a black background, stands out across the front of Bowden's house.
Flanagan ordered the town to pay $46,197.27 in fees, but Cary has asked that she reconsider her decision.
If Flanagan rules against the town, the case could be appealed to the U.S. Fourth Circuit Court of Appeals.
“We’re really hoping that she’ll take another look at the case,” Mayor Harold Weinbrecht said.