Stephanie Finucane, Tribune News Service
It’s over, people. Donald Trump won and, like it or not, barring unforeseen circumstances, he will be president another four years. If ever there was a time for Republicans to be gracious, this is it. Not only did they win the presidency, they took the House and Senate. Yet certain MAGA folks, including some in my neighbourhood, seem intent on rubbing it in. They continue to conspicuously display Trump signs, banners and flags, not just on their pickup trucks, but also on their private property. Trump tributes are flying from poles, festooning front porches, tacked to barn walls, even hanging from trees — a smug “na-na-na-na-naaaa-na” message to Dems.
Sure, some post-election euphoria is understandable, but at the risk of sounding petty, shouldn’t there be a moratorium on gloating? You may be wondering, is this signage even legal? Aren’t political signs supposed to come down at some point? And what about banners and flags?
Here’s the short answer: It’s complicated. Not so long ago, cities and counties pretty much had carte blanche when it came to regulating signs. But then a 2015 Supreme Court decision, Reed v. Town of Gilbert, Arizona, ruled that signs must be regulated in a “content neutral” manner, meaning local jurisdictions cannot place restrictions on political signs that do not apply to other types of signs — not if they want to stay out of legal trouble, that is.
That was a game-changer. In the wake of that decision, many jurisdictions amended their sign ordinances to make them “constitutionally sound and legally defensible.” For example, San Luis Obispo County used to limit the size of campaign signs in residential areas to 4 square feet. It also specified when they could go up and when they had to come down. Those restrictions no longer apply. Now, temporary campaign signs as large as 32 square feet are allowed anywhere within the unincorporated areas of San Luis Obispo County. (Cities have their own regulations.) The time limit was also loosened to match the regulation for other temporary signs, though they must be removed 14 days after the event. That means election signs should have come down a couple of weeks ago.
Political statements are ‘generally OK’ Political statement signs that are not tied to an election — for example, signs that support or oppose a certain policy or project — are handled differently. “Political signs are generally OK,” SLO County Counsel Rita Neal said via email, “but depending on how they are mounted, they may be considered temporary and only be allowed for a certain number of days.” If I’m interpreting this correctly, that could mean that a “Trump for President 2024” sign would have to come down, while a “Trump makes America great” sign would not — as long as it’s properly mounted.
And what about flags and banners? “Banners and flags may also be considered signs depending on how they are mounted,” Neal wrote. “Banners would likely be temporary signs. Same with flags. Are they on a permitted flag pole or nailed to a fence? Again, there would have to be a determination based on the individual circumstances.”
“One more thing,” she added. “Size is determined by zoning designation.”
What did I tell you? It’s complicated.
Democrats are having a hard enough time right now, and poking the donkey is cruel. But don’t just take my word for it.
Look at what Bill O’Reilly (yes, that Bill O’Reilly) posted on X: “MAGA people should embrace a ‘no gloat zone.’ No retribution is needed. Having Trump back in power is entirely too much for the forces of the left. That should be sufficient for Trump supporters.”