Cary to appeal ruling for homeowner's sign
Posted April 20, 2011 3:31 p.m. EDT
Cary, N.C. — 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.